Evidence act
Rajesh
(Querist) 24 May 2012
This query is : Resolved
Problem:
Plaintiff “A” has filed a suit for possession by way of Specific Performance against Defendant “B” . To show his readiness & wiliness, the Plaintiff has stated in the plaint that he was having Rs 19 lakh in cash for sale registration and brought the same in the Tehsil for registration on the fixed date . In his Plaint ,
No documentary proof annexed with Plaint either in the form of Bank Draft or Copies of Bank account entries/statement etc .
Neither he mentioned any thing about any “witness” accompanied him in the Tehsil on the fixed date NOR he stated that the Rs 19 lakh was borrowed from a “Witness”.
Similarly, again in his replication filed , Plaintiff also didn’t stated any other new fact /s.
But , when Examination –in Chief started after two years of filing suit, For the First time , the Plaintiff produced a witness-PW . More important, in his affidavit , Plaintiff didn’t mention the fact that he was accompanied with “ Witness -PW” nor he stated the fact he borrowed Rs 19 lakh from the Witness-PW.
Whereas, in the affidavit submitted by Witness-PW , he mentioned that he accompanied with Plaintiff in the Tehsil complex and remained through out with him. In the affidavit , the Witness –PW didn’t mention the fact that he gave money Rs 19 lakh in cash as a friendly loan to Plaintiff on the date of Registration , but instead Witness submitted a statement of Accounts on the letter head of his firm stating there in that he gave in cash Rs 19lakh in cash to Plaintiff . This receipt is undated, signed by witness himself ( as a partner to the firm) . No additional corroborating documentary evidence /s in the form of Accounts Books of his Firm or Bank statement showing withdrawal were submitted by him. Defendant advocate objected the submission of “ Statement of Account-on letter head” by the Witness-PW without making part of his affidavit. The Judge kept it open the objection for argument stage.
In view of the above facts :
(1) What is the evidentiary value under the Evidence Act of such late introduction of new facts and of a “Witness” only at Examination-in-Chief stage by the Plaintiff and not earlier anywhere in his plaint or replication.?
(2) What is the evidentiary value of undated receipt submitted & signed by witness himself ( as a partner to the firm) without producing any additional corroborating documentary evidence /s in the form of Accounts Books of his Firm or Bank statement showing withdrawal were submitted by him.? Please suggest your expert opinion alongwith any relevant Case law .
Nadeem Qureshi
(Expert) 24 May 2012
Dear Rajesh
ask your query specifically
Rajesh
(Querist) 24 May 2012
As stated above in Last Para ( Point No 1 & 2), My queries are What is evidentiary value of such late inducted Witness & Document/Receipt sumitted ?
Rajesh
(Querist) 24 May 2012
As stated above in Last Para ( Point No 1 & 2), My queries are What is evidentiary value of such late inducted Witness & Document/Receipt sumitted ?
V R SHROFF
(Expert) 24 May 2012
try reduce no of lines, ask specific q.
Adv.R.P.Chugh
(Expert) 24 May 2012
Dear Mr.Rajesh,
Having read the facts I opine :-
(1) It is an established principle that there cannot be variance in pleading and proof, and no evidence can be led whose basis is not laid in the pleading/plaint itself. Only pleadings define the admissible range of evidence. It's evidentiary would be extremely feeble.
(2) The undated reciept does not inspire confidence as well. Books of Account only are admissible vide S.34 of the Evidence Act and not an undated statement of account. Feeble evidentiary value again.
Regards,
Bharat
Advocate
Rajesh
(Querist) 25 May 2012
Dear Mr Shroff,
My specific Queries are the following , keeping in view the facts of Civil case explained above ,
What is the evidential value under the Evidence Act of such late introduction of new facts and of a “Witness” only at Examination-in-Chief stage by the Plaintiff and not earlier anywhere in his plaint or replication.?
(2) What is the evidential value of undated receipt submitted & signed by witness himself ( as a partner to the firm) without producing any additional corroborating documentary evidence /s in the form of Accounts Books of his Firm or Bank statement showing withdrawal were submitted by him.? Please suggest your expert opinion along with any relevant Case law .
V R SHROFF
(Expert) 25 May 2012
Under CPC,
After filing List of Documents in Petition, and ws is filied,
Issues are already framed.
After that no new evidence can be filed, unless court allow it on the basis of it's non existence at the time of filing Petition.; or had no knowledge of it.
Court have ample power u/s 151 of CPC tyo meet the end of justice.
But new evidence cannot be filed to fill in the lacuna, after the ws & cross evidence.
ajay sethi
(Expert) 25 May 2012
you cannot make out a new case in evidence stage . you cannot travel beyond pleadings .
it is for witness to substantiate his claim regarding withdrawals . you can in cross call upon witness whether any account books have been prodced to subtaniate his statement
kuldeep kumar
(Expert) 25 May 2012
it does not matter from whom money came.inquiry here is whetehr plaintiff is willing on his part to fullfil his part of promise namely to end the litigation.it seems to me he is ready for registration and all so court must specifically give judgement in favour of plaintiff.
Rajesh
(Querist) 27 May 2012
Many, Many Thanks to all esteemed experts for their invaluable guidance /opinion provided to me .
Shonee Kapoor
(Expert) 28 May 2012
There can be no addition to the pleadings.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
