Additional evidence

Querist : Anonymous (Querist) 28 March 2013 This query is : Resolved
dear sirs,
a claim case was filed in mact after the death of the husband age 62 yrs by the wife age 60 years ,in the petition the deceased was shown as the shopkeeper earning abt 15000 per month(infact the deceased was a retired person getting 10000 pension)however no evidence of income was given in the court except that of a petitioner as well as one eye witness only,now the evidence of respondent is going who has not given any evidence in rebuttal .
.is there any remedy to prove the income of deceased at this stage by way of additional evidence?
Please suggest

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prabhakar singh (Expert) 28 March 2013
It is a case of concealment.Any additional evidence with respect to pension would demand explanation of it's suppression as it can not be said to be unknown to the claimant at the date of the petition?

Querist : Anonymous (Querist) 28 March 2013
@ parbhakar sir,
Is there any other remedy to prove the income at this stage ?

Sudhir Kumar, Advocate (Expert) 29 March 2013
being a pensioner does not mean that one cannot be a shopkeeper.

If his shopkeeper status cannot be proved then as suggested by Mr Prabhakar Singh, it becomes a case of concealment.

Tax return of deceased could be additional evidence.

Querist : Anonymous (Querist) 29 March 2013
Can we give addition evidence( oral or documentary) in mact in a claim petition regarding the income proof of the deceased,when our evidence is closed and the evidence of the respondent is going on.? Only the petitioner as well as one eyewitness is examined in the support of petition and the respondent has not given any rebuttal evidence.

prabhakar singh (Expert) 31 March 2013
Try your luck as it would be court to decide.For well explained reasons it can be ordered.

Raj Kumar Makkad (Expert) 01 April 2013
I do agree with the experts.

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