Documents
SANTOSHSINGH.
(Querist) 26 March 2013
This query is : Resolved
Plaintiff has filed suit for permanent injunction.
1) Cross of plaintiff is over.
2) plaintiff do not want to examine any witness.
3) However some documents are needed to be submitted.
Now there are two options that is whether documents should be submitted before closing the evidence of the plaintiff or the documents should be submitted after evidence affidavit of the defendant has come.
And at that late stage documents submission by plaintiff will be allowed.
Advocate M.Bhadra
(Expert) 26 March 2013
ORDER XIII : Production, Impounding and Return of Documents
Rule 1. Original documents to be produced at or before the settlement of issues.- (1) The parties or their pleader shall produce on or before the settlement of issues, all the documentary evidence in original where the copies thereof have been filed along with the plaint or written statement.
(2) The court shall receive the documents so produced:
Provided that they are accompanied by an accurate list thereof prepared in such form as the High Court directs.
(3) Nothing in sub-rule (1) shall apply to documents—
(a) produced for the cross-examination of the witnesses of the other party; or (b) handed over to a witness merely to refresh his memory.
Raj Kumar Makkad
(Expert) 26 March 2013
The provision told by Bhadra and seconded by k. mahesh is not applicable in the asked query.
The court shall demand the evidence on the part of the respondent/defendant only when the entire evidence of the plaintiff side including submission of its documentary evidence gets closed so submit/tender those documents after closure of oral evidence and close your evidence.
SANTOSHSINGH.
(Querist) 29 March 2013
Our problem is that we are PLAINTIFF.
1) case is filed for permanent injunction by plaintiff and cross of plaintiff is over.
2) Plaintiff do not want to examine any witness.
3) However some important documents are needed to be on record., which should have been submitted along with the plaint.
4) Now for submission of these documents whether plaintiff can submit the documents and close the evidence or wait for the evidence of the defendant and submit the same at the time of cross of the defendant.
prabhakar singh
(Expert) 29 March 2013
Documents which should have been submitted along with the plaint should at least now be submitted with leave application and if they require formal proof then evidence should be adduced to formally prove them so that they may be exhibited and read in evidence;all this would be required to be done before defendant enters to adduce his evidence.Only documents not requiring formal proof could be filed after closer of evidence,that too after satisfactory explanation of delay in filing .
