Defendant cross without authority

Querist : Anonymous (Querist) 20 July 2024 This query is : Resolved
Dear sir

I'm party in person plaintiffs POA holder in civil suit wherein my affidavit and cross examination done but before file affidavit by plaintiff himself defendants file affidavit and verification done and matter posted for defendant cross but defendant filed set documents so I'm taking objection that after verification and matter posted for cross there is no further documents allow to file. more over in POA filed by defendant side in which only permission for submit documents is mention, can I take cross or file CRA to challenge order of allow defendant to file documents

Pls guide

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T. Kalaiselvan, Advocate (Expert) 20 July 2024
The defendant should seek permission of court to file documents along with the chief affidavit provided they were not filed along with written statement.
If the power agent is well within the knowledge of the case details, there's no legal infirmity in he deposing evidence on behalf of the defendant who he represents.

Querist : Anonymous (Querist) 20 July 2024
Thanks you very much sir

But I want to know that it is possible if POA holder of defendant filed affidavit and matter posted for his cross but he now file document for exhibiting documents is allowable
Pls guide

T. Kalaiselvan, Advocate (Expert) 20 July 2024
Yes it is permissible in law.
However he has to give proper and substantial reasons that why he did not file those documents earlier.
You in your counter objection can strongly oppose stating that he is either trying to fill the lacuna or unnecessarily dragging on the case wasting precious time of court by such fancy ideas.
The court may allow the application by imposing cost.

P. Venu (Expert) 22 July 2024
Facts as posted lack clarity. Are you the plaintiff or the defendant?
Who is appearing in person?
Who is the appearing through PoA?
Moreover, please write simple sentences with proper punctuations.

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