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Apprentice (Associate)     19 June 2014

Proof of documents - question for advocates

After Admission and Denial of Documents stage - judge has marked the Plaintiffs documents denied by the Defendant as exhibits and called upon the Plaintiff's lawyer  to prove the same.

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The Plaintiff has not called any witnesses/proved his documents i.e. documents marked as exhibits have not been proved as per law.

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My question: Am I right in presuming that the Hon Judge will exclude considering such exhibits when deciding the merits of the case?

 



 1 Replies

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     19 June 2014

No doubt, mere marking of a document as Ext. alone is not sufficient to say that the document have been proved. Therefore, there is no necessity on the part of the court to consider the document only on the reason that the document has been marked as exihibit. On the other hand, the court may exclude the document from its consideration on the ground that the document is not legally proved, if it is so.

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