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Deepak (Nil)     23 January 2024

Party to evidence

Dear Learned Advocates,

I have submitted my Chief Evidence Affidavit and the marking of the evidence documents is yet to be done. Since the advocate was'nt available for marking, the Judge told that he would do the marking. As he was checking the documents, he asked about the parties involved and told that I was'nt a party to the evidence documents submitted (For eg- In the case of a Registered Will Deed,  my name was mentioned in it and in the case of an e-mail, I was'nt a party as it was not written to me but I was aware of it.). The Judge did not mark the documents.

Could anyone please explain this situation as I am confused?

Regards

 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     23 January 2024

The court will not permit to file the documents as evidence if they are irrelevant to case or the witness. 

You may clarify the details through your advocate who will confirm the details after ascertaining them from court. 

Advocate Bhartesh goyal (advocate)     24 January 2024

Since you have no relevance or connection with documents so  documents can't be marked as exhibits.

Deepak (Nil)     24 January 2024

Thank for your reply Kalaiselvan Sir. I am not sure whether the advocate is doing this based on his past experience ( i.e managing to have convinced the judge by submitting documents where the witness was not a party to the evidence documents) or misguiding me with the legal procedure in order to prolong the case.

T. Kalaiselvan, Advocate (Advocate)     26 January 2024

You can produce the relevant case papers before another advocate and obtain a second opinion in case you have doubts or suspicions about your own advocate


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