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ash83 (.)     23 December 2023

Can rti inform recently received not pleaded in plaint can be produced during arguments of ia?

Dear all,

My OS ( dec, injunction  and possession) suit exparte temp injunction was passed. One has passed.  Now the arguments is posted for hearing IA 1 and 2 order 39 rule 1 and 2. 

I have collected some rti information from past 1 year which is not referred in plaint. These information I just got recently.

Firstly, Can this be used for arguments or only documents referred by me in list of documents along with plaint can only be referred.

Secondly, should I submit this rti information which was recently received  as additinal documets before arguments?.  But this information I did not plead in plaint which was not possible to plead during initial stage. 

Just found this link which says evidence won't help in absence of pleading. How can rti information which was received during course of investigation be pleaded.

https://www.google.com/amp/s/www.livelaw.in/amp/top-stories/evidence-wont-help-in-absence-of-pleadings-civil-suit-sc-165403

Kindly advice. Thank you.

 

 

 



Learning

 9 Replies

T. Kalaiselvan, Advocate (Advocate)     23 December 2023

You can file a petition to receive additional documents with reasons for delay in filing them and once the petition is allowed, then you present your arguments by including the additional Documents too.

2 Like

Advocate Bhartesh goyal (advocate)     24 December 2023

Yes,additional documents if they have relevance with case can be submitted with leave of court.

2 Like

ash83 (.)     24 December 2023

Dear sirs, these rti information is about defendant issued by govt. statutory authorities and has relevance is case...

so I can submit as these additional documents has relavenve to the case as reasons in my IA and proper adjucation and

  ....these rti information which is just received... so it is okay if not pleaded and not marked in list of documents in plaint correct ?. Please clarify. Thank you.

Advocate Bhartesh goyal (advocate)     24 December 2023

Additional documents  can be submitted  even at the stage of final arguments subject to that documents  must have relevance and essential for proper adjudication of  matter also party has to show the sufficient cause and explain delay in submitting  documents. 

1 Like

Dr. J C Vashista (Advocate )     24 December 2023

Before arguments on application under Order XXXIX Rule 1 & 2 CPC you must submit all such documents with an application under Order VII Rule 14 read with Order XIII Rule 1 CPC explaining that these documents were not in power and possession of the applicant / plaintiff at the time of institution of suit, which have now been procured / received.

 

1 Like

ash83 (.)     24 December 2023

Thank you all 

T. Kalaiselvan, Advocate (Advocate)     24 December 2023

The documents so obtained from reliable source at this stage can be filed before the court with the leave of the court  convincing the court about the relevancy of the documents to the case pending before court. 

1 Like

Sudhir Kumar, Advocate (Advocate)     29 December 2023

whether thi document was available to you at the tie of palint or obtained later?

ash83 (.)     29 December 2023

Dear sir , yes rti information is made available to me after filing of plaint.  Was not available when suit was filed. 


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