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Pvt_RajKing (Private)     05 November 2010

Documents mentioned in Affidavit in Chief

Hello,

In a civil case (land) for title, the plaintiff has submitted an affidavit in chief which contains list of documents that the plaintiff requests the court to be marked. But the plaintiff has given the respondent only the copy of the affidavit and not copies of all documents that he references in the list of documents to be marked. Is this legal? under what CPC or CRP the respondent can object and/or ask for the copies of such documents? Are there any other procedure to obtain the copies of those documents before the respondent is required to file his affidavit?

PLEASE HELP WITH AS MUCH INFORMATION OR RULE AS POSSIBLE....

Thanks



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     05 November 2010

As per the amended CPC plaintiff has to supply all the copies of the documents on which relies.

Girija Shanker Sharma (Attorney & Solicitor )     06 November 2010

The Plaintiff has to file the documents along with the Plaint Suit for claiming the relief. If the documents are not filed or produced at the time of filing Suit Plaint, and the Plaintiff want to file the documents at later stage either it may be at the time of filing of Chief Affidavit, he needs to file the documents along with the Petition for receiving of documents requesting the court to receive the documents, that too serving a copies of the petition and documents on which he relied on.  

The Defendant can object and make protest to receiving of documents and marking the same. It is the rule position that prior to filing of any documents or petition one should service the copies of the documents or any petition before three days to other side.  If the other side does not serve the copies of documents and any petition, the you need to obtain Certified Copies of the same.   

1 Like

vinod shinde (lawyer)     15 November 2010

it is betterr to file an application for direction to the Plaintiff to provide copies of the documents relied by him in affidavit of examination in chief.  before that you take objection that court should not Exhibit the documents.   the court can provide you the certified copies of the documents which are exhibited only. 


(Guest)

Dear Pvt Professional, It is the job of the Bailiffs to take the required sets/ copies of documents and provide them to you (Bailiffs - the people who give you the hearing date and are usually seen shuffling documents back and forth from the judge). It is their negligence. They are the most useless bunch of people in the court. Most probably, when you bring this to attention of the judge they will dig it out of their garbage dump.

Pvt_RajKing (Private)     27 May 2011

The problem is that though the amended CPC requires that the entire copy  be given to the respondent, most seem to continue the old practice and the courts across the country (at least in Tamil Nadu) as well as lawyers there are not asking or objecting or filing any applications as such.... my lawyer in this case is a pretty decent one and fairly senior and yet he is hesitant to do and is filing for a copy application for each of the documents based on my request (after it is marked)!!!!!!!!!!!!!!! When I tried to tell them that there is an obligation on the part of plaintiff to provide the entire copy, the lawyer and his team is reluntant to listen (this is where the ego kicks in)... what a shame!!

Jamai Of Law (propra)     27 May 2011

change the lawyer. he is not doing his job entrusted on him by you.


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