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Rah   03 July 2025

Filing objection to cpc 151 application – procedure for submitting evidence & affidavit requirement

Hello.. 

I am going to file an objection to an interim application filed under Section 151 CPC in a pending family court matter. Along with my objection, I want to submit two supporting documents — (1) a shopping bill and (2) an email acknowledgement.

I have a few specific procedural questions:

1. Can I attach these documents directly with my objection as Annexures A or B etc.. , or is there a separate stage for formally submitting them as evidence?

2. Do I need to file an affidavit along with my objection, or is the written objection alone sufficient under Family Court procedure?

3. Are there any additional documents/formalities required — such as a list of documents, Section 65B certificate (for the email), or a covering index? If so please provide some details.. 

4. Since the Bharatiya Sakshya Adhiniyam, 2023 has replaced the Indian Evidence Act, which one applies to my situation because this pending case is before form Amendments, and does it affect how I submit evidence in this objection?

Thx... 



 4 Replies

R.K Nanda (Advocate)     03 July 2025

Take help of local lawyer for proper legal guidance as your case is complicated one. 

1 Like

T. Kalaiselvan, Advocate (Advocate)     04 July 2025

  1. You may file the counter objections to the IA filed by thepetitioner and can file the documents relied upon to establish yor allegations made in your counter objections, but you may have to seek leave of court to file the documents that you wish to introduce before court under the provision of Order VIII rule 4 CPC.
  2.  The counter objection can be filed s an affidavit or just counter objection too.
  3. Yes you may have to follow the proicedures and comply with the provisions of law in case you desire to file the documents along with your objections.
  4. You can file the documents under order VIII rule 4 and the certificate can be filed under the latest law.
1 Like

Dr. J C Vashista (Advocate )     04 July 2025

It is advisable to consult and engage a local prudent lawyer for proper appreciation of facts/ documents, professional advise and necessary proceeding 

1 Like

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     04 July 2025

Filing Objection to Interim Application under Section 151 CPC Attaching Supporting Documents You can attach the shopping bill and email acknowledgement directly with your objection as Annexures A or B, etc. There's no separate stage for formally submitting them as evidence at this point. However, ensure that these documents are properly referenced and described in your objection petition. Affidavit Requirement In Family Court procedure, it's generally advisable to file an affidavit along with your objection, especially when submitting supporting documents. The affidavit serves as a sworn statement, attesting to the authenticity and accuracy of the documents and the facts stated in your objection. Additional Documents/Formalities Consider including the following: - *List of Documents*: A list detailing the documents you're submitting, including their descripttions and dates. - *Section 65B Certificate*: For electronic evidence like emails, a certificate under Section 65B of the Indian Evidence Act (or its corresponding provision in the Bharatiya Sakshya Adhiniyam, 2023) may be necessary to prove the authenticity and integrity of the digital record? -

 *Covering Index*: An index or table of contents can help organize your submission and make it easier for the court to review. Applicability of Bharatiya Sakshya Adhiniyam, 2023

Given that the Bharatiya Sakshya Adhiniyam, 2023, has replaced the Indian Evidence Act, 1872, and came into effqect on July 1, 2024, it's crucial to understand its applicability to pending cases. While the new law aims to modernize evidence law, its application to cases initiated before its enactment may depend on specific court interpretations or a rules. In your situation, consideràing the case is pending and the new law has come into effect, it's advisable to consult with a legal professional to determine the most appropriate approach for submitting evidence under the current legal framework.

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