(Guest)

Problem in evidence in form of affidavit

Myself new law graduate so have some problem , I need seniors guidance regarding one mistake.

Issues are settled in the case.

Now we submitted Examination in Chief (Evidence in form of affidavit) , here the mistake took place.

In Evidence in form of affidavit , we did not mentioned specifically the documents which we relied. I should have specified that . Case was mostly relied on documentary evidence.

Now here problem started , due to half knowledge I specified

" I say that I have submitted various documents which are exhibited in support of my case."

Now how to rectify this error ?

What steps and procedure I should adopt so the documents are exhibited as evidence. Kindly please tell CPC provision or guidance thereof , if possible please give me application to be submitted.

I know as fresher I have made little big mistake but some solution should be there\

Waiting for your kind solution.

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2 Replies

jyotirmaya behera (advocate) 13 August 2014

you can take another witness and on her/his exam in chief u can exbt you all document.

1st you should decide which document you relied and put that documents in a "list of document".

after that you can do.

(Guest)

Sir,
Thanks a lot , I was relaxed after your solution. I am sure you will be great in the field . I will be extra careful as new in practice.

Now analyzing my mistake , I felt that I referred book on Pleading and did my Plaint draft properly. But I did not see /get Examination in Chief Format . Such kind of mistake I need to avoid. I do refer proper format which I got in one good book regarding provision of CPC , so it assist me a lot. So able to manage things little independently . Additionally I refer Book on Civil Procedure which help me understand the concept and move ahead.

Can you suggest how a new Adv. should avoid mistakes. My interest are in Civil - Property matters.

Problem is that when you join some seniors they give more work of getting Dates and small things , and if you ask other senior instead of helping junior to stand up, they are more interested in taking that brief for themself for economic reason and thus depriving junior of ability to grow. This I found in my problem .

Seniors where more interested in getting that brief for them self showing some big incurable problem, which has jepodised entire case rather than helping me to understand and allowing me to get confidence in running the matter independently.

Thanks a lot for helping junior