Evidence act sec.58 & 33
sunil pagare
(Querist) 12 December 2009
This query is : Resolved
wife filed maintanance application,in that application she filed copy of police compliant & notice send by her to husband, after taking evidence the application was dismissed by court.After that husband filed Divorce Petition on grounds of Cruelty & Desertion wife not appear before court the matter proceed ex-parte.Husband filed certified copy of all document's which were filed by wife in maintanance application & deposition's of both parties & judgement.My query is that abovesaid documents are need to prove? In my opinion those are admitted documents & as per sec. 58 of evidance act admitted fact need not prove & sec.33 of said act relevancy of certain evidence for proving,in subseqeunt proceeding,the truth of facts therein stated.I need your help Plz post your reply.
Raj Kumar Makkad
(Expert) 12 December 2009
You have already opined and your opinion is based upon relevant legal provisions of Evidence Act so nothing requires to be added.
Abhishek Sharma
(Expert) 13 December 2009
Section 58 operates in case of formal admissions i.e admission in the same case. Yours may not be covered by 58. You should see Sections 17 to 23 of the Evidence Act which cover evidentiary admissions. If you have filed certified copies and certified copies are disputed, then you will need to prove certified copy in the manner provided by Act. It is only by means of a formal witness from the copying agency to testify that they are his signatures, seal etc. Better course would have been to call for the original records U/O 16 R. 3.
sunil pagare
(Querist) 13 December 2009
Abhishek sir, in this matter the respodent(wife)not appear & matter proceeded exparte.so nobody disputing those documents.In such circumtances is there any necessity to call original record?
