Framing of suit
sandeep rane
(Querist) 14 February 2014
This query is : Resolved
while framing suit I want to keep certain evidence in dark from defendants because defendant not aware that plaintiff is in possession of that evidence. and plaintiff want to disclose these evidence after defendant file their statement. Is it possible ?
For e.g.
A is plaintiff and B & C are defendant.
A & B are the co-owner of property.
in January 2009 B took token from C to sell this property to C without the knowledge of A.
after that B & C forced A to sell this Property to C. A refused.
In February 2009 B dispossession A and locked the property's
A file complaint under 145 ant criminal complaint privately because police did not took complaint
March 2009 B & C prepare agreement to sell this property to by showing entire property of his alone.
April 2009 A too k possession of property which was locked at that time forcibly again dispossession A. case 145 was pending.
may sale deed was prepare
in June 2009 property was transferred on the name of c by government department in spite of knowing that case 145 is pending.
July 2009 A withdraw complaint 145 and criminal complain and file civil suit in which c was not party. only B was party.
B did not respond to notice matter was proceeded ex-parte against B. and chamber summon to add c as party issued
C replied to Chamber summon that do not know who is A and claimed that in March 2009 C meet B and C has purchased said property from B legally.
sep 2009 plaintiff withdraw suit to file fresh on same cause action with permission of court.
after that plaintiff managed to get receipt and any other document which defendants trying to hide and defendant do not have idea that plaintiff is in such possession of such document which defendant are hiding and Defendant think that they only in possession of these document.
receipt shows that C give token amount to B in January 2009.
in the reply to chamber summon by C said that he come in to contact with B first time in March 2009.- false which is easy to prove with the help of Receipt that C give token to B in January 2009.
Therefore plaintiff now while filing new suit only want write that defendant c come to contact with B and give certain amount to B.and will not attach this receipt as proof and will not say anything clearly and plaintiff think that defendant c again say that he come in to contact with B in March 2009 in reply to the summon and then plaintiff will produce receipt and prove that C give token in January 2009 to B and was involve with B in dispossession by B.
Is it possible to do or plaintiff have to state clearly and attach all these document while filling suit which he wants to keep secret from Defendant till their reply.
V R SHROFF
(Expert) 14 February 2014
Plaintiff must clearly state all relevant facts and documents thereof.
Otherwise, opp adv can object you to produce any further doc, as u r trying to fill lacuna of prosecution .
nothing new can be admitted, unless u hv no knowledge at the time of filling the case
sandeep rane
(Querist) 14 February 2014
Thank you for reply.It means that I can not hide anything while filling a suit which is known to me at the time of filling.
then please tell me that can I use reply of defendant c to chamber summon in earlier suit which was withdrawn with permission to file fresh in new suit as evidence.
Devajyoti Barman
(Expert) 14 February 2014
If you hide any fact worth mentioning then later at the time of your evidence you can not depose it or lead evidence.
Rather you can mention it but couched in misleading words.
sandeep rane
(Querist) 14 February 2014
Thank you for reply. I want to state this but instead of stating clearly the date and amount of token I will state that like second week of January and for amount say that certain amount as token but do not want to attached copy of receipt now. is it possible ?
sandeep rane
(Querist) 14 February 2014
Thank you for reply. I want to state this but instead of stating clearly the date and amount of token I will state that like second week of January and for amount say that certain amount as token but do not want to attached copy of receipt now. is it possible ?
Dr J C Vashista
(Expert) 15 February 2014
You will have to disclose and file originals of all relvant documents relied upon at the time of drafting plaint itself, otherwise, court/defendant can object.
Biswanath Roy
(Expert) 15 February 2014
Fighting in the court is a Chess Board game. IN your Plaint you just mention and claim that the defendant 'C' negotiated 'B'sometimes in the month of January,2009 and initiated to purchase the property from 'B' INCLUDING THE UNDIVIDED HALF PORTION OF THE PROPERTY BELONGING TO THE PLAINTIFF.
Naturally when the defendant file his WRITTEN STATEMENT he will deny this allegation.
At the time of framing issues the Plaintiff shall include the fact of receipt against token payment made in January 2009 and finally such question can be taken up for evidence and in examine of the defendant.
Rajendra K Goyal
(Expert) 15 February 2014
Well advised by the expert Biswanath Roy ji, agree to it. A practical advise to be followed in such case.
T. Kalaiselvan, Advocate
(Expert) 15 February 2014
I think the best possible way to tackle the issue under such situation is to follow the experienced and very valuable advised given by expert and senior learned counsel Mr. Biswanath Roy Sir. This can be adopted to cleverly handle the case in the initial stage.
Raj Kumar Makkad
(Expert) 16 February 2014
I do agree with the experts hence no more to add.
sandeep rane
(Querist) 17 February 2014
Thank you very much. along with this in case of some other evidence (except those which are known to Defendant that Plaintiff is in possession of them)I want to do the same thing as said by the Mr. Biswanath Roy Sir that I will just mention about them in the plaint but will not attached copy of them to the plaint as evidence.
Because If I do not attach then defendant will deny this (because they think that we do not have copy of this). If I attached their copy to plaint then defendant will not deny but will find some other way to tacle them.
Therefore, I want that Defendant to deny first and then at the time of framing issue
plaintiff will produce all those documets which defendant thinks that plaintiff do not have.
While filling suit plaintiff will attach only those documents as proof, of which Defendant also have knowledge. but in the plaint will write everything.
Is it possible ?
Please reply in detail if possible
Thank you again.
Dr J C Vashista
(Expert) 17 February 2014
I stand by my opinion, which you may not feel confortable but the law ordained so.
Biswanath Roy
(Expert) 17 February 2014
Say suppose if you draft the plaint in such manner,
the defendant initiated proceeding to purchase the suit property some times in January...... by paying advance money to the vendor which was ultimately completed
by executing deed of conveyance on.....etc,etc.
