Submission of evidences
Rupendra Porwal
(Querist) 03 December 2014
This query is : Resolved
Friends,
We submitted copies of evidences on affidavit in the suit. The judge has dismissed the suit citing that as per section 3 of Evidence Act, the affidavit can not be treated as an evidence and any document submitted with affidavit can also not be treated as evidence.
1. How one should submit evidences in civil suit and what are the relevant provisions?
2. Would it be better to submit evidence on memo under Order 13 Rule 1?
3. How should one submit clarifications/submissions on certain documents like secondary evidences or electronic records like emails or web pages?
Devajyoti Barman
(Expert) 04 December 2014
Query is not clear.
1. Under order 18 rule 4 of cpc.
2. Formal proof by way or primary or secondary evidence.
3.Read section 65 B evidence act.
Biswanath Roy
(Expert) 05 December 2014
Your query is vague and bit confusing. However,please note that original documents to be produced at or before the settlement of issues under Order XIII Rule-1, whereas, Order XVIII, Rule-4,provides the evidence of a witness of his examination-in-chief shall be given by Affidavit and copies thereof shall be supplied to the opposite party by the party who calls him for evidence
Rajendra K Goyal
(Expert) 05 December 2014
Consult local lawyer and show him full case file.
Rupendra Porwal
(Querist) 05 December 2014
Dear friends,
Thanks all of you for your inputs.
Acknowledge my mistake and now trying to make it more clear.
ISSUE NO.1 SUIT DISMISSED BY COURT
Reason cited in the order-
As per section 3 of Evidence Act, the affidavit can not be treated as an evidence, hence evidences submitted on affidavit can not be taken on record and thereby dismissed the suit.
Queries:
Should evidence in civil suit ONLY be submitted with prescribed Memo under Order 13 Rule 1( 2)?
In case any explanation about evidences is required to be given ( For example copy of web page is annexed with other evidences and being electronic record under IT ACT and valid evidence under section 65B of Evidence Act), how this explanation should be given (i.e on affidavit or any other form)?
T. Kalaiselvan, Advocate
(Expert) 08 December 2014
If the documentary evidences were furnished afresh before the court during witness deposition by an affidavit without following the procedures for taking permission of the court to produce the said documents, the same will be rejected. As far as the evidences of electronic record u/s 65B of IE Act also need to follow the same procedure.
