Evidence in possession of other party


I am advocate for defendant.
1. The documents which are useful evidences to prove that defendant is not guilty are in the possession of plaintiff (eg. Financial Statements, books of accounts of plaintiff etc.).
2. Witnesses are either associated or working with plaintiff.  If witnesses speak truth, defendant will be able to prove his innocent.
3. Witnesses who are employees of plaintiff are based outside India.

Questions.
1. Can we request court to order Plaintiff to produce documents requested by defendant for verification and examination?  If yes, how and at what stage of the suite?
2. Can I send legal notice to witnesses who are either associated or employees of plaintiff to appear in the court room for evidence?  OR is it better to  request Court to order the same?
3. Can I send legal notice to witnesses based outside India?  Who will bear their travel expenses in case they decide to show up in the court room for evidence ?

Please please advise me.
thanks!

 
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Advocate

Yes, you can seek discovery of the documents required. Your client needs to bear expenses for summonoing the witnesses.

 
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Advocate

The expenses to summon the witnesses fromyour side shall be borne by your client

The desired document may be asked to be produced before court by the plaintiff by filing a petition

 Discovery of documents—A party may also move the Court for discovery of documents which are or have been in possession or power of any other party to the suit, and which relate to any matter in question in the suit. The other party shall made answer on affidavit in Form 5, Appendix C to the Code and must made a full and complete disclosure along the lines indicated in this Form (Order XI, Rules 12 and 13). The production of documents can be resisted on three grounds; viz. (i) that these are evidence exclusively of the party‘s own case or title, (ii) that these are privileged; and (iii) when the party called upon to produce being a public officer considers, that a disclosure would be injurious to public interest. The affidavit shall be treated as conclusive to the existence, possession and the grounds of objection to the production of the document, unless the Court is reasonably certain that the objection is misconceived and the document is of such a nature that the party cannot properly make the assertions contained in the affidavit. The Court can also examine the documents to decide the claim about privilege. The Court can order the production of the documents at any stage of the trial and a party can serve notice on the other party for the inspection of any of the documents mentioned in the pleadings or the affidavit of the other party (Order XI, Rules 14 and 15). The failure to comply with such order or notice does not justify the striking out of the defence, though the party at fault shall not afterwards be at liberty to put such document in evidence, except with the leave of the Court and on such terms as to costs as the Court thinks fit.


Total likes : 1 times

 
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Advocate

Thank you Mr. T.G.K. Reddy for your appreciations.

 
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T. Kalaiselvan, Advocate  garu.

your're brilliant seriously..

i have gone through many replies of different query's

the way you reply is something quite different.

can see your experience on those replies..

great sir! 

 

 
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Advocate & Solicitor at Law

Im in agreement with Mr Kalaiselvan

 
Reply   
 

Thank you all for your responses.  I shall study our approach and decide final action.

Honestly I am defendant's lawyer.  I am trying to make plaintiff answerable for all his claims, prove all his allegations.  Evidance in person and in document are in possession of plaintiff. I am not really keen to load client with expenses.  I am guessing that once I state list of evidences, plaintiff may withdraw the case.

Will keep you all posted as it goes.

Thanks!

~Ambarish

 
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