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Damayanti (Unemployed)     06 February 2011

What is meant by leading the evidence?

What is meant by leading the evidence?

 

I filed an application in divorce suit (I am respondent and wife with a daughter)

I also filed xeroxex of docs, bank statements, TDS entries, rent inwards in that (of my husband) + index of all those xeroxes.

I also filed 'Notice to admit fact and notice to produce all related details...etc

 

Husband gave his say saying that there is locus standi as I shud have asked this before an interim maint order was passed.

 

Judge asked me to lead evidence or do argument on next date?

My question:-

What is meant by leading the evidence?

Aren't the above xeroxes etc filed by me called evidence/proofs?

I can see that only index page of it given a Exhibit's serial number as Exh. 34 (But there are 8 pages of bank statement which shows TDS deduction and rent inward payments on monthly basis, remitance from/to his demat acount etc, 3 page rent agreement which I took a copy from housing soc. chairman where my husband had bought flat, chairman called the tenant there and asked agreement copy for soc.\s records and he gave me a copy!!).

 

What I have to do next on the next hearing?

 

 

 



Learning

 3 Replies

Adv.Vinita (Advocate)     07 February 2011

File it with List of Document giving serial no. of each document u got as a proof and when u start argument rely onthe doc. u produced in court to prove ur case.

1 Like

SUJIT S BHALEKAR (Sr. MANAGER-LEGAL)     07 February 2011

Hi Mrs. Damayanti,

Leading of the evidence means the documents/papers submitted by you in the form of annexues/exhibit along with Affidavit-in-Chief so as to substantiate your case, has to be lead further by way of oral evidence. i.e. either your advocate can ask you the relevant questions as regard to the case and based on the documents submitted by you in the court of law which will be recorded in the Court.  Later, the Opponent advocate i.e your Husband's Adv. may cross-examine you by way of asking the questionaires in the Court of law which has to be replied/answered before the court and the same will be recorded as an evidence in the court.  The same process applies to the submission of Affidavit by Opponent's .

and subsequently, the arguements proceeds - based on the same court adjudicate the case.

Hope i am clear.

Thanks and Regards,


Sujit S. Bhalekar

1 Like

Damayanti (Unemployed)     23 February 2011

Dear Sir/Madam,

 

I have already filed the list+ xerox of all the docs (Originals are with me).  On the next date, I am going to take all original to the court.

 

 

And also I have drafted 1 page application as follows....

 

...

...

2. Respondent would like to bring some important documents on record, the xerox copies of the said documents are already annexed to the 'List/Index of Docs' (Exh: 55 and 59, All the listed documents in both lists).

3. Respondent would like to render the 'Originals' of the said documents for the perusal of the Hon ble Court and for necessary verification, comparison of xeroxes of the said documents with their respective 'original' copies.

4. Respondent prays to the honorable Court that, Respondent be allowed to produce all the above said documents on record and that, all the above said documents be marked and given the document numbers, as Respondent's documentary evidence in support of the Respondent's plea vide Exh 54

...

...

 

This all is in regards to two two proceedings.

1. Interim Application in a main suit

2. Review of 'Order on other interim Application' in the main suit.

 

 

Am I correct that ...I don't have to file Exam-in-chief affidavit in above proceedings?

 

Reason:- Above interim app/Review would be heard as per 'Summary Proceeedings',

 

And that I just need to lead the evidence and get the documents marked by an application (if other party doesn't object to it.)

All documents are very relevant, authentic, public documents and unequivocal AND not expressly denied by the other party! and hence admissible and contents are materila, conclusive in nature and direct evidence.

 

 

Kindly correct me!............. if I am going wrong anywhere ......... in my understnding of the Proceedings.

 

 

Thanks

 

Main suit's framing of issues isn't happened yet (and there a few more interim app not yet argued yet!!)


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