raja (abc) 10 December 2013

Documents not exhibited

Dear all,

I had filed a civil case .After all my evidence and witnesses were recorded the opponents filed an application to amend their written statement .the lower court rejected it but the HC allowed the amended.

the opponents were given 2 months to prove their case . they filed their examination in chief and produced a number of documents .However they did not get these documents exhibited or admitted .

I was called into the witness box and I denied all the documents .When the opponents was called into the box ,my lawyer chose not to cross those documents as they were not a part of the "judical procceeding"

however in the final order the hon judge held that not crossing those documents meant they were admitted and granted an order in the opponents favour

what is your view on this matter ? how will the HC view this ?

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3 Replies

GOPAL SHARMA (LAWYER) 10 December 2013

Opponents have no right to amend the plaintiff's suit.

sathish (Advocate) 11 December 2013

Hello Mr. Raja, i am of the opinion that your advocate was right in ignoring the documents, which were not exhibited as Order XIII Rule 4 of CPC and Rule 79 of CRP makes it mandatory to mark documents to become part of record. Unless the document becomes part of record, it cannot be relied on by either parties and no judgment can be based on such unadmitted records, The trial court's observation that they are admitted only becuase it were not denied in cross examination , even though you have not admitted in your cross examination, is erroneous. Therefore, you may have a fair chance of success in the next round of litigation, if this is also taken as a grounds of appeal

sathish