Civil partation case

padmanaba (Querist) 04 April 2012 This query is : Resolved
sir my case is for partition the stage is cross examination i have lost the document in court before marking of document i have to get document but it will take time to get the document the document is of no importance but only to support the claim my question is if necessary i can file the document in next court is it possible and if i do not get favorable judgment can i file additional document and get favorable judgment in upper court please help me in this regards

Follow Query

Report Abuse

Raj Kumar Makkad (Expert) 05 April 2012
You should lodge a police report and should plead before the trail court during your evidence that certain documents have lost and when you precure those documents, an application seeking additional evidence can be made moved but whether you shall win on the basis of those documents or not, cannot be commented.

Adv.R.P.Chugh (Expert) 05 April 2012
Dear Querist,

Adopting what Ld.Mr.Makkad has said above, you are within your right to bring to the court secondary evidence of that document, but since you are not inclined to do it, I must say tread with care - the appellate courts won't readily accept evidence or remand the matter back for recording of fresh evidence if you could have produced the document here but did not.