evidence

J.D.S Sareen (Querist) 19 February 2011 This query is : Resolved
Respected sir,

Proposition is:-

There were two cases pending between the same parties:- A and B

In first case: (Case-A)

Original documents (A-Z) were placed on the court file and were exhibited which included a letters written by one persons say (P) Exhibit- L.

Opposite counsel before cross-examination objected to the exhibiting of the said documents (A-Z) (objected to on the ground of mode of proof)

In second case (Case-B)

As the same documents (A-Z) were also required in second case, certified copies were taken from Case –A and placed on the court file, same objection was raised.

During evidence Letter document Ex-L was got examinee from Handwriting Expert (Expert Report), who examined the same from Case-A with the permission of the court and gave report in case B.

Case-B, decided.

Clarification sought with regard to pending case-A:-

Now Case-A is still pending
Evidence of both the parties closed
Case fixed for rebuttal evidence of plaintiff

What is the procedure to bring the Expert Report (which was submitted in case-B) on Case-A as at present the case is fixed for rebuttal evidence of plaintiff

1. Should an application for additional evidence be moved by plaintiff seeking summoning of Hand writing expert and getting him examined along with certified copy of the Expert Report and court Alhmad to bring the original report from Record room.

2. Can we simply move an application and summon the witnesses in rebuttal including:

(1) Handwriting expert
(2) Place on record certified copy of the report and
(3) summon clerk from record room to bring the case file A along with original report.

3. In short how can the certified copy of the experts report submitted in case A be placed on record of case-B.

I tried to tender the same in rebuttal; however, it was not permitted on the ground that the opposite party will not get an opportunity to cross-examine the Handwriting Expert.

Please Advice.

Thanks

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Dayananda Gowda (Expert) 20 February 2011
You can file application to reopen of your evidence and file the further witness list and convince the court to issue summons for expert of seek permisson to mark the certified copy expert report by recalling your witness

J.D.S Sareen (Querist) 20 February 2011
Mr. Dayananda Gowda,

Thanks.

But should I move an application for additional evidence or will I be able to summon expert straightway in rebuttal

J.D S Sareen

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