Prejudice of irrelevant documents
Narayanan
(Querist) 03 February 2013
This query is : Resolved
Respected Sirs,
Mr.A filed suit (mis-joining cause of action) having two distinct nature against Mr.B. (The documents filed along with the Plaintiffs was only speaking of damage claim). First prayer is for damage claim on being acquittal of criminal proceedings and second prayer for mandatory injunction against removing obstruction over a path. Most of the paragraph in plaint is leading to claiming of property(declaration). Defendant filed his W/S denying the claims. Issues were framed regarding Plaintiff’s entitlement to get removal of obstruction (Mandatory Injunction) and entitlement amount claimed as damage. Thereafter later through interim application Plaintiff sought production of documents . Inspite of objection the court allows the application and documents got marked which are leading to declaration. Copies of the documents were granted to the defendant only after marking. But the nature of suit is damage claim. Plaintiffs have not sought for any amendment of plaint.
Now the question of defendant is
1. Will those documents which speak about title cause prejudice to the defendant if unchallenged?
2. Can defendant challenge those documents later in different proceedings against the plaintiffs?
3. Is there any citation citing ‘Irrelevant documents shall not cause prejudice’?
4. Should defendant file additional W/S or Counter Statement to challenge or deny the genuineness, execution or binding nature of documents before cross examining the Plaintiffs?
5. Can defendant still move application to file counter claim and/or additional W/S on obtaining copies of the documents.
Raj Kumar Makkad
(Expert) 03 February 2013
1. Yes.
2. Defendant can file counter claim in the same suit.
3. Search on google.
4. Yes, counter claim.
5. Yes, after moving an application in this regard.
