Family

rsraghukumar (Querist) 19 June 2012 This query is : Resolved
sir
in my case, i filed photos and negatives to prove the marriage,but at the time of marking photos the opp lawer did not made any objection to wards the photos like photographer's evidence should be there. he was silent at that time. even in the cross examinaion also he did not questioned about the details about photographer his address, name of the studio etc.
But, at last he filed written arguments in that he pointed that photographer was not called as witness. Sir is it possible to object to call photographer at the last statge. moreover we are not disputing about photos as we filed all negatives also, they are objecting so it is their burden to call photographer by filing petition in the court for photographer's evidence.

at the last stage in written arguments can they ask like that, when he is silent at the time of marking photos and at the time of cross examination.

Follow Query

Report Abuse

Devajyoti Barman (Expert) 19 June 2012
The documentary evidence once exhibited without any objection fro other side can not be later challenged in any circumstance.

So forget about the written argument and concentrate on your case.

Raj Kumar Makkad (Expert) 19 June 2012
If the opposite party has filed written argument objecting non-production of the photographer, you also file written argument refuting the charge of non-production and justify that the photographs have duly been exhibited with negatives without any objection and such objection has no value at such stage in the eyes of law.

Raj Kumar Makkad (Expert) 19 June 2012
There are various case laws which can definitely help you to that extent that if a document is exhibited without any objection from the opposite party, the same cannot be got challenged during the course of argument.

Amit Minocha (Expert) 19 June 2012
I agree with both the experts. additionally incase you had put photographs to the opposite party during their cross examination it would strengthen your stand further.

ajay sethi (Expert) 19 June 2012
agree with experts . photographs have been taken on record and exhibited in evidence . no objection was raised by defendant . the advocate cannot now at stage of arguments object to non examination of photographer

Shashikant V. Patil (Expert) 19 June 2012
Experts are correctly advised.

Shonee Kapoor (Expert) 19 June 2012
Nothing left to be added.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

N.K.Assumi (Expert) 19 June 2012
I have my reservation on this. Assuming that a forged documents is produced and marked by the court without calling the author of the documents to prove the same, will it clinch the issue as conclusive proof, as the other party did niot object or fail to object it? If that is so, a forged documents get legalized by the failure of the other party to object it. I am of the view that mere production of documents and marking by the court on the documents is not final, and the other party should be given the chance to cross examine the author of the documents.