Content of document admitted into evidence, hence exhibited
Querist :
Anonymous
(Querist) 06 August 2023
This query is : Resolved
Whether contents of public documents Ordered by Court to be admitted into evidences and hence exhibited is require to prove?
Dear Experts,
1) In anticipation, I am thanking to all experts for giving their valuable time.
2) Appellate Court allowed additional evidences filed by Plaintiff and remanded mater back to Trial Court for taking evidences in that regards.
3) Accordingly, Plaintiff filed those documents to Trial Court. Said documents were obtained under RTI Act from Municipal Corporation and Police.
4) Trial Court on 30.01.2019 has ordered that- “Considering the admission & denial of defendants the documents filed were given Article numbers 1 to 4 instead of exhibits”.
5) Trial Court but afterwards on next date 31.01.2019 again passed 2nd Order that- “In view of findings recorded by Hon’ble Appellate Court, the certified copies of Article 1 to 4 are Public Documents. They are admitted into evidences. Hence exhibited as Exh. 96 to 99”.
6) The said 2nd order dated 31.01.2019 of Trial Court admitting documents into evidence hence exhibiting same is not challenged by Defendants till now.
7) In view of 2nd order dated 31.01.2019 of Trial Court, the Plaintiff also has not proved the contents of said documents.
My Question:
a) Whether Plaintiff, for proving his case, can rely on CONTENTS of said documents without PROVING contents, because the Defendants has not challenged 2nd order of 31.01.2019 specifically passed by Trial Court admitting documents into evidences hence exhibiting same? OR
b) Does the Plaintiff is require to prove CONTENTS of said documents to rely on it for proving his case, even though the Defendants has not challenged 2nd order of 31.01.2019 passed by Trial Court?
c) Kindly provide Citations in support thereof.
T. Kalaiselvan, Advocate
(Expert) 06 August 2023
Once a document is permitted to be marked as exhibits before court then it is the duty of the opponent to debate on the contents of the document relied upon by the plaintiff during cross examination and establish the irrelevance of the contents of the documents to the case before court.
If the opponent did not take any steps to defy or deny the contents or to bring any contradictions at the time cross examination, then it is deemed that there is no objection from the side of the opposite party with regard to the documents exhibited before court.
Rest other issues can be taken up by the party relying on the document during final arguments made.
Advocate Bhartesh goyal
(Expert) 07 August 2023
Though marking of documentary as exhibit does not dispense with it's proof ,party has to prove the documents as per law but in your case opposite parts neither expressed admission or denial of documents nor raised any objections when they were marked exhibits and nor cross examined on contents of documents .Apart from this public documents need not to be proved so documents will be deemed proved.
T. Kalaiselvan, Advocate
(Expert) 07 August 2023
Expert advocate Mr. Bhartesh Goyal has made things more clearer, hope this satisfies the querist
