De-exibit the exibited document
Querist :
Anonymous
(Querist) 27 December 2011
This query is : Resolved
Hello Sir,
I am an advocate. In a one civil suit I am engaged by defendant. In that case plaintiff has filed an affidavit of a witness in favour of plaintiff at the stage of Issue. I have come to known that the court has exhibited the affidavit instead of marked it. I have filed the application to de-exinit the affidavit. Pls. inform me if any judgement or authority in support of my application.
Devajyoti Barman
(Expert) 27 December 2011
Without making one document marked as Exhibit so and so no document can be exhibited.
Since in your case the document is already exhibited but the court may have failed to mark as Exhbt- A or something like that you need to just mention the court to give it a number.
There is absolutely no need for 'de-exhibit' the same.
V R SHROFF
(Expert) 27 December 2011
You must raise strong Objection for Exhibiting the Documents without you admitting it, or without issuing a copy thereof. even it is not included in the List of Documents the Plaintiff Rely upon.
Plaintiff cannot fill his Lacuna, by introducing any new Evidence in his favour, , without the previous permission of the Hon'ble Court.
You may appeal against the Order, if your Application is rejected.
ORDER XIII, R1 of CPC, is clear , Read it carefully, and Prepare your Application for Objection, as such production of Document is out of the Provision of Civil Procedure. , at framing of issue stage.
prabhakar singh
(Expert) 27 December 2011
The court has committed a wrong,since it is a witness affidavit you have a right to cross examine him it should not be treated as any documentary evidence rather it is statement of a witness.Refer to order xiii rule (3)(a).
Devajyoti Barman
(Expert) 27 December 2011
The affidavit do gets marked as exhibit and after that only the other party starts cross examination.
Here the query at least as per my understanding is that the court has exhibited the affidavit but has not marked it.
Devajyoti Barman
(Expert) 27 December 2011
Even if the defendant may have cross examined the plaintiff and the document would not have been marked then also the problem remains the same.
Amit Minocha
(Expert) 27 December 2011
According to me if it gets marked only thru plaintiff and the plaintiff doesnot call the deponent to support the document marked it would help the defendant. Since it is a third party document, it can be exhibited by brining the deponent into the witness box . Raise your objection with respect to third party document and its proving thereof.Your written objection filed is going to help you and if the plaintiff doesnot bring the deponent of affidavit into witness box you may get him summoned (provided the contents and document favours you) .
niranjan
(Expert) 27 December 2011
One thing has lost attention that contents of any document if not proved have no evidentary value,so in this case even if the affidavit is exhibited it has no weight until the deponent is cross examined and such exhibited affidavit cannot be read in evidence.
Deepak Nair
(Expert) 28 December 2011
Yes. Even though it is exhibited, it has to be proved by examining/cross examining the witness.
But you can oppose the decision to exhibit the document.
