01 May 2008
I would like to ask the Panel of Experts if in a Civil Declaration Suit in Property Claims can the Court pass Orders to prevent the Defendant to produce Relevant Documents like Inventory Documents of Inheritance,etc thereby proving Legal Rights to Suit Property ?
12 May 2008
Sir A defendant can file documents only with the written statement and not after words as per order 8 rule 1A. If he fails to do so, he may apply to the court under order 8 rule 1 A (3)of the code of Civil procedure to take the document on record. If the court refuses to take the document on record you may file the same during cross examination of the plaintiff under order 8 rule 1A (4)(a) and if again you fails to do so one more chance is there. You can hand over the document to your own witness under order 8 rule 1A (4)(b). Finally if you lost even the last chance do not worry. You have a good ground with you in appeal and when you will be contesting the appeal (I know that one of the parties will certainly go for an appeal)you have one more chance under order 41 rule 27