Document irrelevant to case

kashif (Querist) 11 November 2012 This query is : Resolved
In a civil suite involving some disputed agricultural land , the plaintiff submitted with his plaint a sale deed and claimed in his plaint, with other points, that by virtue of this sale deed he bought the disputed land and is now owner of it. The respondant filed his WS. Later the respondant found that the sale deed submitted was not of the disputed land but it was actually of the land adjacent to the disputed land. Respondant has documentary proof from official revenue records to prove this point. Can he file an interim application in the court praying that the sale deed be removed from the evidence list ( or it shld not be considered as evidence ) bcz it is not related to disputed land.

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V R SHROFF (Expert) 11 November 2012
U may examine plaintiff and get that answer that sale deed is not of the suit land .

If u do in beginning, the plaintiff will withdraw suit, get his Court fees returned.
After his examination, he will loose it., and will loose his case also.

Only your Advocate have to appear, so harassment will be to Plaintiff.
If u alert him now, and if he rectify his mistake, it will cost you.
Better let the Plaintiff be in dark of his mistake .. or whatever..

kashif (Querist) 11 November 2012
You gave a valuable advice SHroff sir . Thanks . But plz tell me that can the respondant move such an application . I mean is he legally allowed to move such an application praying removal of the sale deed from evidence list or so...

prabhakar singh (Expert) 11 November 2012
Any application can be moved,it depends on facts,if it would be really allowed or not since plaintiff is free to lead evidence as he chooses to do,may be he fails to prove what he pleaded in suit.

Advocate Bhartesh goyal (Expert) 11 November 2012
Plaintiff has to prove his case by adducing cogent/relevant evidence [oral &documentary ].you can cross examine plaintiff on sale deed submitted by him and also adduce evidence on oath that sale deed submitted by plaintiff is not of disputed land but to adjacent land .no need to move application for taking off the sale deed from record.