Document of opposite party, marking by other party
G.Nagarajeshwar Rao
(Querist) 24 December 2018
This query is : Resolved
plaintiff filed a document along with plaint. But failed to get it marked during the trial. The document is crucial for the defendant. Whether the defendant can get it marked? if so, any authority is there? (for marking of document by defendant which produced by plaintiff along with plaint and intentionally omitted to mark it on behalf of the plaintiff)
Vijay Raj Mahajan
(Expert) 24 December 2018
Marking of documents used by either party in a suit can be done at evidence stage with permission of the court. Documents used by plaintiff along with the plaintiff can be used in the defense by the defendant, rather those documents will be easing the onus of the defense side.
Kumar Doab
(Expert) 24 December 2018
You can benefit from above.
Dr J C Vashista
(Expert) 25 December 2018
What is the stage of the suit in question, if you have already closed plaintiff's (your) evidence, thereafter DE has also been closed, it can not be allowed to be exhibited/ marked and read in evidence.
In case,PE/ DE is going on, move an application for recall of specific witness to exhibit the document u/o XVIII Rule 17 CPC.
Citation are to be researched by you, which are not provided on this platform.
G.Nagarajeshwar Rao
(Querist) 25 December 2018
Dr. J C Vashista Sir I am for defendant.. rightly or wrongly or due to oversight the plaintiff has filed the document which is supporting the contention of the defendant. But the plaintiff omitted to mark the same in his evidence. But the document is with the court bundle. The suit is at the stage of defendant side evidence i.e., D.W.1 chief examination stage. The D.W.1 is intending to mark that document and he referred the same in his affidavit. But court and the other side (plaintiff side) objecting for marking. But I had gone through a citation regarding marking of document .... the document before court in the bundle, either plaintiff or defendant side can be marked and it is immaterial who it was produced before the court. But time being the citation is wiped out from my memory. So I have requested you all the gentlemen to cooperate in this regard.
