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Ravi rao (Private )     04 September 2025

Pleading in not pressed suit can be used as evidence

civil suit is dismissed as not pressed. We filed another civil suit with the same party but different cause of action. can certified copy of documents in not pressed suit can be used as evidence in new suit like documents submitted and admission which are marked by court in earlier suit.



 7 Replies

P. Venu (Advocate)     04 September 2025

When the suit has not been pressed, how could the documents have been marked?

T. Kalaiselvan, Advocate (Advocate)     05 September 2025

The pleadings from a previous (even not pressed or withdrawn) suit can sometimes be used as evidence in a different suit involving the same party but with certain limitations. 

The admissions made in the pleadings, affidavits or other documents in the earlier suit even if it was withdrawn or not pressed can be used as evidence in another suit provided they are relevant and voluntary.

Se4ction 17 and 21 of Indian evidence act can be invoked under these circumstances.

Dr. J C Vashista (Advocate )     05 September 2025

You have stated, that, "civil suit is dismissed as not pressed". is a very 
vague, hypothetical and unbelievable term.

Be clear, if it is a real story.

Advocate Bhartesh goyal (advocate)     05 September 2025

Yes, certified copies of pleadings,orders,documents and statements of witnesses of earlier case whether it was withdrawn,dismissed or decreed can be submitted and get marked exhibits in evidence in later case subject to their relevancy ..

Ravi rao (Private )     06 September 2025

Hi si earlier suit we had not pressed and same is dismissed.  I want to use certificated copy of earlier suit in present as evidence like documents, affidavit submitted by defendant.  

Present suit is based on new evidence so we filled fresh suit with same party but different cause of action.  And not pressed earlier suit to avoid multiplicity if suits.

 

I want use documents and affidavit and pleading in earlier suit as evidence. Please can you tell whether I can use it or not

P. Venu (Advocate)     06 September 2025

What is the Case No.? Which Court?

Dr. J C Vashista (Advocate )     08 September 2025

It is advisable to seek professional services of a local prudent lawyer with relevant record for proper appreciation of facts / documents and necessary guidance.


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