Veerendra 18 December 2022

Can no ws remark be withdrawn if i present correspondence done after date of filing case

Dear all eminent lawyers,

Here is my case history in brief

I filed a case for overbilling against my housing society on 31st December 2019. The opposite party did not file any response ( they did not also appoint any lawyer ) and finally the judge passed a remark of no written statement under Exhibit 1 in August 22. The case has now been posted for EVIDENCE.

After filing the case I sent many maintenance cheques & letters to the society. All of them were not accepted by the office bearers. Tracking receipts & bounced letters are available as evidence.

Finally, I found out the bank account number of the society & started depositing maintenance cheques directly in the society bank account. Xerox copies of all cheques which are deposited are available.

My lawyer asked me to prepare a document to update the court on the developments after filing dispute. He asked me to attach and mention in the document
1) All the bounced letters & cheques & details of the same
2) The details of the cheques deposited directly in the society bank

So now I would like to know from all eminent lawyers
1)   What is the procedure for showing evidence to court registrar?
2)   My main query :- Do I need to show evidence which was filed as on 31st December 2019 ( date of filing case ) only or the correspondence (updating the court on the case document) after that also?
3)   If I provide new evidence what are the implications on the case
4)   Is there a likelihood of NO WRITTEN STAYEMENT remark being withdrawn if I show the court the evidence & correspondence which was done with the opposite party after the date of after filing dispute.

Hope to see a lot of responses & many thanks in advance for the same
Regards,
Dr. Veerendra Darakh

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1 Replies

Trensica 01 August 2023

In principle, in civil proceedings, each party bears the burden of proof for facts pertaining to the conditions of a rule of law in its favour. For this reason, the distribution of the burden of proof is often based on the provisions of substantive civil law, such as the Civil Code; these provisions contain bases of claim, auxiliary rules, legal defences and other objections. If a legal principle is fulfilled which assigns facts as a legal consequence to a claim (for example: Section 433 of the Civil Code on the conclusion of a contract of sale), it is generally the party deriving the claim from this (in the example, payment of a purchase price) which must present these facts (principle of production of evidence) and – if the opposing party contests them – must prove them. On the other hand, the opposing party must assert and prove entitlement to any opposing rights or objections (e.g. performance). If there is still doubt about an essential factual point after all the procedurally admissible evidence has been exhausted, a decision has to be taken about where the burden of proof lies. The party which, according to the rules of the burden of proof, has to adduce evidence of the fact at issue loses the case if it fails to discharge this burden.