Documentary Evidence ...

Querist : Anonymous (Querist) 19 January 2011 This query is : Resolved
I am going through a Responents Evidence ...

Can i submit a documentary evidence (which was available to me on NET only recently and was not available to me during my reply to the petition) during the Respondents Evidence IF
a. A question relating to the issue is asked to me .
b. If a ques. relating to the issue is not asked to me .
What section of CPC does this relate to, that is if the Opp. lawyer raises an objection to the same.

Is there any other method to submit this document to the court at this stage.

Thanks ...

Follow Query

Report Abuse

Amit Minocha (Expert) 20 January 2011
if the issues are not framed yet in your case, amend your reply and incorporate about the said document in your reply/ WS.It will help you while deposing in evidence. Else you can also move an application seeking permission to file additional documents if your evidence has not taken place yet.

barun deka (Expert) 20 January 2011
firstly, any document not filed with ws cannot be filed lateron but order 8 rule 1a does speak of a "leave". therefore prefer a petition under order 8 rule 1a and seek to file that document. in that petition try to explain "sufficient cause" and "due diligence" for such late filing. if possible make an interim prayer for keeping the main matter to be kept in abeyance till the disposal of the petition.

now, if the petition is allowed. see if you can get hold of a witness who has not yet deposed before the court and who can substantiate in his evidence the correctness of the document. if so file a petition under Or 16 R 1 (3) and produce him as a witness and his evidence-on-affidavit exhibit the document.
If that doesn't help prefer a petition under or 18 r 17 and file a deposition from your side as additional evidence-on affidavit.

btw both the petitions are bound to raise objections from the other side and will be subject to orders in the objection-hearing.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries