Exhibiting the Docs in Court needed or not ??
Guest
(Querist) 02 September 2010
This query is : Resolved
We are fighting a summary procedure case in Delhi under section 14 D of Delhi rent Control Act,1958 to get eviction from our tenant.
We have attached so many documents(most of them attested by Notary and Gazetted Officer) with our petition to prove our stand which are challenged by the tenant in his reply to our petition.
I asked my Advocate to get all of our documents exhibited in Court on next date(we are to file rejoinder on that date).Mine point is to make it sure to the court before the argument that all of our documents are genuine ones.
Dear friends,thanks for replying,but I need further guidance,as I have said, ours is a summary procedure case--we filed the petition,our opponent filed the reply,now we are to file rejoinder on the next date.My advocate says that after that only argument will happen and after that the judge will render his judgement.I asked him to get the docs exhibited before arguments but he says no need, because it is a summary procedure,I am confused,even if it is a summary procedure,how can a judge rely upon photocopies only? Please guide.
Respected Friends,thanks for answering,please also tell that would there is any need of filing any application to the court for exhibiting the docs or we can directly go to the court and take docs and show to them,i.e. what is the process of exhibiting docs in the court ?
But my advocate says that there is no provision and need also of exhibiting the docs in this case before the Argument.
Is he right ?
Would you suggest something from your side also?
s.subramanian
(Expert) 02 September 2010
How can you prove your case without exhibiting your documents and proving them.? You have to exhibit them definitely to succeed.
Y V Vishweshwar Rao
(Expert) 02 September 2010
The Documents filed by a party to be made as part of the Court record by marking as exhibits in support of the claim of the said party , otherwise the document/s can not be considered in the judgement by the Court .
Devajyoti Barman
(Expert) 02 September 2010
The documents are to be formally proved only at the time of evidence. If that stage is over then the witness is again to be recalled to exhibit those documents. This is the procedure. Now at the time of argument the documents left to be exhibited can not be referred or relied upon.
Koumarish Bhattacharya
(Expert) 02 September 2010
I agree with Mr Barman. However, there are some different prevailing procedure in different Courts. But at the stage of argument, the documents not exhibited should not be relied upon or entertained.
