Jamai Of Law (propra) 20 May 2011

Urgent! ... Sufficiency of Evidence in a civil suit

What is 'Sufficiency of Evidence' test?

I understand that weightage, relevancy, conclusiveness, reliability and thus .... admissibility and sufficiency of the evidence adduced on the case fiel, by patties, ... is decided by the Hon Court. Final decision is with Hon Court.

In the case of redress against miscarriage of justice due to fraud on court .....

Can the Judgement Debtor ask Hon Court to give any directions/clue whether the adduced evidence by JD so far is deemed conclusive enough or not? .... or has it convinced the Hon Court or not?

If not .... JD would not mind to adduce additional evidence to re-affirm his allegations (there is loads and loads of evidence) ... but all need not be produced if one eidence stands as a conclusive proof!!! ............................................ and adducing all evidence would unnecessarily prolong the case ............. as well as additional burden on JD.

But JD does not want leave to chance this time.......

if Court gives directions accordingly ....else .....JD would would not mind even to ask for witness summons for a branch manager of the bank to prove the authenticity of the adduced documents .... as well as some other institutions .... which is going to cause eormous delay in the case!! ...But again .......... JD may resort these additional steps ......... only if .... Hon Court gives such directions, at least at the time of marking of documentary evidence, etc.

..... But JD wants to ensure that ... Hon court should NOT come to conclusion that the 'evidence is not reliable, material or enough!!'

Court has powers to order dicovery on it own motion in the interest of justice.... but it is discretionary.

JD has already filed Notice to produce and admit facts' to beseige and plug escape route for fraudulant DH. The DH holder also has admitted those facts and also given vague response to 'Notice to produce' documents.

Also what kind of defense JD should anticipate frm Decree Holder?

Please advise urgently ..... Thanks

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5 Replies

Jamai Of Law (propra) 20 May 2011

The evidence of JD does pass the test of 'due diligence', DH kept the JD in dark intentionally and there was no way that JD would have known about it.

Rather DH had the knowledge of the exculpatory evidence, and very well knew that 'JD was NOT liable to be penalised', but witheld the exculpatory evidence, and thus DH had won the Order by deceiving the Hon Court.

Adesh Kumar Sharma (Senior Associate Lawyer) 20 May 2011

Dear,

it is very difficult to reply without knowing the background or facts of the case. So you do the needful for the same.

Thanks

Jamai Of Law (propra) 21 May 2011

Can anybody else please answer to my query

Let me put it another way...

Provision of Additional evidence by leave of court (CPC ) -- O7 R 14 sub rule (3) for plaintiff (R 18 is repealed) ........... and O8 R 1 sub rule (3) for respondent (R 8A is repealed)

A litigant is not supposed to flood the court with more than necessary evidence and create pile up of docs or arrange a big queue of witnesses ... best evidence or one of the best evidene which is enough to convince the court 'beyond the reasonable doubt' is to be presented ...

Common logic:

Do serve a single person in his thali .... a food which is normally enough for 10 people?But if that person does show enormous apetitie we do serve him again (secnd , third , forth serving!!!)

But that person has to say whether his stomach isn't yet full or not!!

After the dinner is over ... that person shouldn't complain his was left hungry!!

So as a courtsey ...host does ask ... 'Do you want to peruse more evidence?'

Ravikant Soni (LAWYER IN JAIPUR) 03 June 2011

Sufficiency of evidence??

Untill the fact supposed to be proved.

and Proved defined in evidence act as-----

after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought under the circumstances of the particular case, to act upon the supposition that it exists

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Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always) 27 October 2011

Originally posted by :Jamai Of Law
"	Do serve a single person in his thali .... a food which is normally enough for 10 people?But if that person does show enormous apetitie we do serve him again (secnd , third , forth serving!!!) But that person has to say whether his stomach isn't yet full or not!! After the dinner is over ... that person shouldn't complain his was left hungry!! So as a courtsey ...host does ask ... 'Do you want to peruse more evidence?'

I find it is a good example. But, it is a bad case. If court gets the crucial point that is needed to judge the case, it should take steps to pronounce the verdict. It should not continue the proceedings needlessly. Litigant faces enormous troubles, doubts etc etc. So, he should not be left in lurch in such circumstances. Court should be honest, fair, helpful enough and decide the case in an apt manner without too much of prolonging.

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