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Swapnil (other)     27 January 2024

Can defendants filed documents in cross examination

Verification of affidavit filed by defendent witness and matter post for his cross examination now he has filed one set is documents

This documents are allowable to file by him at this stage and  honble court exhibits documents at this stage. now matter posted for verification and exhibit of documents filed by him 

I have taken objection as documents not file alongwith affidavit 

Pls giude me 



 10 Replies

T. Kalaiselvan, Advocate (Advocate)     27 January 2024

The documents can be allowed to be filed at this stage also provided an application supported by reasons through an affidavit is filed by the witness.

Swapnil (other)     27 January 2024

Thank you very much sir

Even court exhibiting documents filed by defendent in my absence, if I'm unble to present on next date due to an emargency 

Please guide me 

 

 

 

Advocate Bhartesh goyal (advocate)     27 January 2024

Yes,under order 8 rule 1 A(3) CPC defendant can file documents at later stage and court can allow to take on record.

Swapnil (other)     27 January 2024

Thank you sir

But how to prolong verification and exhibiting documents of defendants,  till next date if unble to present on this date 

 

 

 

 

 

T. Kalaiselvan, Advocate (Advocate)     27 January 2024

Once you have filed a petition under Order VIII Rule 1 to receive additional documents, the court will follow the procedures to allow your application, that itself will give you time to prolong the issue to some extent.

You can discuss the practical issues with your advocate because it is circumstantial and nothing legal about it. 

Swapnil (other)     27 January 2024

Sir I'm plantiff and on this date I'm unable to present and matter posted for exhibit of documents filed by defendent but I want to prolong this time only due to unavoidable circumstances. 

I just want to know whether court exhibiting documents of defendant in my absence??

T. Kalaiselvan, Advocate (Advocate)     27 January 2024

Filing of documents is different to that of marking the documents as exhibits by the witness during evidence deposition. 

If you are the plaintiff. you would be served with a copy of the petition to receive additional document. 

You will be required to file your objection to the petition filed by them. 

In that case you may seek time from court to file your objection,  the court will grant you time. 

 

Shashi Dhara   01 February 2024

You can object it but court can allow if they show genine reason for late submission of documents, if you are aggrieved you can appeal it.  i. e.MA

Seraphina Moon   27 May 2025

Nice sharing

Akash Garg   14 March 2026

In civil proceedings, documents are generally expected to be filed along with the affidavit in evidence of the witness. If a party files additional documents at the stage of cross-examination, the court normally examines whether those documents were previously in the party’s possession and whether sufficient reasons exist for the late filing.

If the documents were not filed earlier without proper explanation, the opposite party can certainly raise an objection and request the court not to exhibit them. However, the court still has discretionary power to allow such documents if it believes they are necessary for proper adjudication of the matter, usually after giving the other side an opportunity to respond or cross-examine regarding those documents.

Therefore, your objection that the documents were not filed along with the affidavit is valid from a procedural standpoint, but the final decision will depend on the court’s discretion and whether the defendant can justify the delay.

On a side note, in many documentation matters outside litigation for example when students submit academic records for programs like MBBS in Russia through education consultancies such as Education Vibes authorities also insist that all required documents be submitted together initially to avoid procedural complications later. The principle of submitting documents at the correct stage applies in many formal processes.

You may request the court to record your objection formally and seek an opportunity to examine the authenticity and relevance of those documents before they are marked as exhibits


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