Rahul (Engineer) 24 December 2013

Objection in rejoinder with list of documents

Dear Mates,

I am a Petitioner in GWA 1890 case for my 5 years old child.

The Present Case is on Petitioner Evidence (PE) Stage. On the PE Date the Opposite Lawyer made 1 objection saying that Petitioner filed Rejoinder with List of Documents (Annexures) without filing any application to file additional documents in Rejoinder stage. And stopped the PE Work.

Then Guardian judge asked to file an Application for additional documents.

My Questions are :-

1. Can List of Documents (Annexures like Photos, medical Documents etc) not be filed in Rejoinder Stage

in Civil Case.?

2. Being a petitioner i don't want to get into this delay tactics played by opponent lawyer just to delay the

proceedings.

3. what is the best way to make judge understand that the List of Documents as an annexure can be be

filed in Rejoinder stage ?

[Note:- Now the judge is changed & Rejoinder with List of Documents is already on Court Records & also supplied to opposite party.]

Please share your advice.

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1 Replies

Adv. Chandrasekhar (Advocate) 25 December 2013

strictly speaking, the documents have to be filed at the time of filing of petition. But there is no irregularity to file some remaining documents along with the rejoinder prior to framing the issues. If the O.P. is very fussy, the judge has two options (1) to snub the O.P. for raising frivolous objections or (2) to direct the petitioner to file an application (by way of implication saying that he would allow the application). As you are directed it is better to file an application saying those documents were not available with you at the time of filing the petition and also highliting the O.P.'s intention of delaying tactics by raising such frivolous objections. If you have already filed any interim relief application, request (insist) the judge to dispose of the interim application before framing the issues.