Can you suggest me a sample format of 'Application to mark documents'?
please refer to Justice Lahoti's judgement as
https://www.legalblog.in/2010/12/exhibiting-documents-in-evidence-law.html
I filed an application to return my items in wife's possession (in our divorce case filed her).
I had purchased a brand new 2-wheeler and a second hand 4-wheeler (from Maruti True Value, sai Service) by cheque payment (I have receipts and cheque numbers). Both are registered in her name but paid by me.
I had asked her to produce the documents in court (car/scooty registration docs) as 'notice to produce'. She refused unnecessarily (excuse:- 'notice to produce' does not mention the correct Order no. of CPC) and also has not expressed denied about it. So fact is admitted there but I do not have any xerox copie even.
Then How to mark the above registration docs in her possession (I don't have photocopy even) as evidence?
For some other items, I do have only a photocopy of documents, and original receipts and warranty are with her (laptop). Here also, She refused unnecessarily (same excuse as above!!) and but has not expressed denied about it. So fact is admitted there but I do have proofs as photocopies only.
I am told that 'there is no requirement of any affidavit'.
But then how to mark the documents and lead the evidence?
1. Mark documents for which even xeroxex aren't available.
2. Mark documents for which only xeroxes are available.
Can anyone please provide me with draft application of 'How to lead the evidence'? Should it be an affidavit?
Also Do I need to bring it to notice of Judge about Sec 64-65, 163-165 of Evidence Act while leading the evidence? Or should I be doing it at the time of arguments on my application to return my items?
Best Regards and Thanks
