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manoj Wadhwa (N/A)     28 June 2014

Documents which was not filed earlier

Dear Friends,

How can we submit  some documents which was not filed earlier along with the

petition in the civil suit. Is there is any procedure in law for the same.

 

Thanks

Manoj Wadhwa



Learning

 5 Replies

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     28 June 2014

Before the amendment in CPC, the trial court had discretion under Order XIII, Rule 2 to receive the documents at any subsequent stage of the proceedings.


But, after the amendments which have been brought out in the Code of Civil Procedure by Act No. 46 of 1999 with effect from 1.7.2002, no such discretion is available with the court as the provision contained in Rule 2 of Order XIII, C.P.C. prior to the amendment is no longer there.


Thus, the parties should file their side documents along with their respective pleadings such as plaint or written statement as the case may be. If any of the party want to file fresh or additional documents thereafter, necessarily they have to obtain the permission of Court on filing a separate petition for the same.


In other words a plaintiff in a suit can file documents, which he relies at a subsequent stage with a leave of the Court as per Or.7 Rule 14(3) of Civil Procedure Code.


Like wise, the defendant has to obtain leave under Or.8 rule 1A (3) CPC.

Advocate Bhartesh goyal (advocate)     28 June 2014

File documents with application under O 7 R 14[3] of cpc and seek the permission of court.

Srinivasa Rao Yaramati (advocate)     29 June 2014

yes i do agree with SALLEMA she has given excelent answer

manoj Wadhwa (N/A)     29 June 2014

I really thankful to all of you for reply.

Spl. thanks to Advocate Saleema Kabeer.  

No doubt She has given excellent answer.

 

Regds.

Manoj Wadhwa

 

 

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     30 June 2014

Thank you Mr. Srinivas and Mr.Manoj Wadhwa for your appreciations.


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