Madhusudan G R (Advocate) 27 March 2020

issues not raised in written statement and not framed

whether issues neither raised in written statement nor framed can be raised while leading evidence?

Quick Summary

This discussion explores whether new legal issues, not previously raised in a written statement or formally framed, can be introduced while leading evidence. The initial advice suggests it might be possible, but the querist, an advocate and party in person, seeks clarification on raising these during cross-examination. They are looking for case law to support arguments against entertaining such new issues in court.

2 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 27 March 2020

Dear querist,

As per me you can raise the issues in evidence which are not raise at the time of filing written statement .

Regards,

Madhusudan G R (Advocate) 27 March 2020

I am the advocate and party in person, who had filed the partition suit.. Can I raise this while cross examining the witness? I think such issues do not come under the purview of the Original Suit file. Pls confirm with case laws, if any, to enable me to request the court not to entertain, any longer.