Evidentary value of Police report
Soma
(Querist) 10 September 2009
This query is : Resolved
in a injunction petition U/s 151 CPC the plaintiff claimed that the defendant is creating nuisance and disturbance...he got an status quo exparte order...the actual fact is opposite....earlier prior to this suit the defendant filed a 144 CrPC and police report was favourable to him...can that police report be shown as an evidence (annxture with the objection)for to show that claim of plaintiff is false in this civil case?riven
R.R. KRISHNAA
(Expert) 10 September 2009
At the outset injunction petition should be filed under Order 39 rule 1 and 2 of CPC and not under 151 CPC. Kindly verify it.
Secondly if the plaintiff has got a status quo exparte order, you can very well challenge the same by filing a petition to vacate the status quo order before the same court stating the real facts and the police report stated by you can be a useful evidence on your end.
best of luck.
if you have any further querries ask me.riven
Kiran Kumar
(Expert) 10 September 2009
i will simply add to Krishna's reply, that findings of criminal proceedings are not admissible in civil proceedings but vice versa is not true.
the report u r talking abt may be relevant but not admissible as such....u ll ve to prove the facts before the civil court.riven
N.K.Assumi
(Expert) 11 September 2009
In addition to Krishna, there must be a pending suit before you file a suit for Injunction. Injunction suit can be filed under section 37 of the Specefic relief act 1963, wgich are regulated by Order XXXIX of the CPC.You can file a declaratory suit under section 34 of the Specefic relief act of 1963 and file a petition for injunction.Declaratory suit is more convenient.Regarding the evidence part my learned friend Kiran has said it.riven
