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Spatika   03 July 2025

Evidence affidavit

Opponent has not submitted any documents along with income affidavit. I had requested for few bank accounts I know investment has been made  (though numbers is not known exact) and so far no response. but I have some mails references from those banks (account no not completely known) is there. Now when I submit my evidence affidavit, can this be added as an new exhibit along with other documents to be exhibited ( mentioned already in petition).



 5 Replies

T. Kalaiselvan, Advocate (Advocate)     03 July 2025

If you have substantial evidence to prove the opponent's account details you can very well mark it as an exhibit from your side provided they were the documents attached to the petition originally, if not you may have to file a petition to permit you to file additional documents and only on being permitted you can file the newly found documents as exhibits from your side

Spatika   03 July 2025

The mail references were not included in petition. Since there is no document submitted by opponent, atleast to show that they have certain bank accounts I wanted to know if I can attach this as exhibit during submission of evidence affidavit.

 

If I cannot add now, what is there any option to let the Hon'ble Court know that Opponent has sufficient means to support. 

Your guidance pls Sir

 

R.K Nanda (Advocate)     03 July 2025

What is the type of your case? Inform to get proper reply. 

T. Kalaiselvan, Advocate (Advocate)     04 July 2025

In the Code of Civil Procedure (CPC), the provision for filing documents along with a chief affidavit is primarily found in Order XVIII Rule 4, which deals with the examination of witnesses. This rule mandates that examination-in-chief of a witness shall be conducted through an affidavit. The rule also specifies that documents relied upon by the parties should be filed along with the affidavit, and their proof and admissibility are subject to the court's orders. Therefore if you hve the documentary evidence in your possession you may file tham along with your chief affidavit and a petition under the above said provisions of law.

Dr. J C Vashista (Advocate )     04 July 2025

Originally posted by : Spatika
Opponent has not submitted any documents along with income affidavit. I had requested for few bank accounts I know investment has been made  (though numbers is not known exact) and so far no response. but I have some mails references from those banks (account no not completely known) is there. Now when I submit my evidence affidavit, can this be added as an new exhibit along with other documents to be exhibited ( mentioned already in petition).

Facts vis-a-vis query is vague and confusing.

It is advisable to consult and engage some othe local prudent lawyer for proper appreciation of facts/ documents, professional advise and necessary proceeding, if you have lost faith in your lawyer and the facts posted are real and not a fabricated story. 


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