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Spatika   09 June 2025

Evidence by way of affidavit

Dear experts,

While preparing proof affidavit, 

Can we details facts which are needed based on written statement of opponent (the details I wish to include will not deviate from the crux of information I mentioned in brief my petition, but which essentially detailing now supported by documents)

I have submitted just copies of bank statements, copies of bills of certain expenses when I submitted my assets and liabilities. Now to consider them to be included as exhibits by marking as EX. PW/No 1 etc., including other documents to be considered for evidence in proof affidavit, do I need to include them also in proof affidavit now.

 

Awaiting your valuable guidance



 6 Replies

T. Kalaiselvan, Advocate (Advocate)     09 June 2025

If you want to mark the documents as exhibits from your side then you have to file them along with your proof affidavit.

If you would like to add new documents then you may have to file a petitioner seeking permission of court to receive additional documents.

You can discuss with your advocate and proceed as suggested 

Spatika   09 June 2025

Apart from documents mentioned in written statement, if I have a new document which was missed earlier, can it be included in proof affidavit without getting permission or still I need to get permission sir

Advocate Bhartesh goyal (advocate)     09 June 2025

No, you can't, you have to seek permission from court under order 8 rule 1 A(3) CPC.for submitting new documents as proof.

T. Kalaiselvan, Advocate (Advocate)     09 June 2025

You have to file a petition seeking permission for receiving additional documents for the reasons you rely upon and can add to the existing plaint documents only after the court has allowed it.

Dr. J C Vashista (Advocate )     10 June 2025

You are supposed to prove your case by your evidence and disprove the case of your opponent. 

You should submit and exhibit originals of the documents already annexed with the plaint.

However, if you have missed some document(s) which you find these documents are necessary and important to prove your case, you should move an application u/o VII Rule 14 CPC.  

1 Like

R.K Nanda (Advocate)     10 June 2025

Take help of local lawyer for proper legal guidance. 


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