In conduct during trial material in time of judgement.

vinaykala (Querist) 11 August 2012 This query is : Resolved
dear sir,

i have filed a suit for possession against my brother.

his cross examinnation is being done at delhi high court.

repeatedly it is proved that from exhibited docs that his replies are all lies.

apart from this he has written insulting letters in bad taste to me , also exh docs, calling me liar, ridiculing me etc which is all on record with court.

my query is that apart from the issues framed on which the court shall pronounce jjudgement

does

the conduct during trial is commented upon and if so

does it have any impact on the quantum of mesne profits to be granted etc/

VINAY

aug 11,12

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adv. rajeev ( rajoo ) (Expert) 11 August 2012
Judgement will be passed after going thru., the entire evidence of the parties and wittnesses in the case.

vinaykala (Querist) 11 August 2012
my query sir has not been answered.

i know all what you said.

you said nothing new.

my query remains

is the conduct of the party like stating lies curing cross examination, written statement endlessly reflected in the judgement or commented upon?

does it make a material difference in one is in unaothirsed possesssion for over a decade and yet is making all along untrue statements.

just i would like a response that is not obvious but out of experience

vinay

R.K Nanda (Expert) 12 August 2012
No,conduct is not material because judgement

is always based on evidence and final

arguments.

vinaykala (Querist) 12 August 2012
dear nanda sahab,

by conduct i mean exhibited documents of the deefendant where he has accused me of harassing his wife, with no evidence filed by him,

ridiculing me and defaming me in the eyes of my daughter by writing in his own hand that i have lost the case and sending letters in eenvelopes to the college principal of my wifes college stating that i am a liar etc.

there are six eshibited docs signed by the defendant defaming me , foul launguage and he has filed no docs to press charges.

the query remains sir

is this conduct whith unture charges levelled against me but not part of the issues framed will be material at the time of judgement?

i mmean will certain strictures be passed against him or commented upon

this behaviour is reflected in my suit filed

vinay kala aug 12,12