Ex and marked docs.
Querist :
Anonymous
(Querist) 22 November 2011
This query is : Resolved
dear sir,
i had asked what is an exhibited document in a civil suit.
i got a reply that if a judge accepts a marked doc it is an ex doc.
but what does an ex doc mean?
does it mean it is accepted as original by the judge?
please elaborate
vinay kala no 22
Devajyoti Barman
(Expert) 22 November 2011
It means a primary evidence or secondary evidence admitted by your opposite side.
Rajesh kumar singh
(Expert) 22 November 2011
Justice R.C. Lahoti[supreme court of india] pronounced a landmark judgment, in Sudir Engineering Company vs Nitco Roadways Ltd., which deals with the entire law relating to the marking of exhibits and tendering documents in evidence. The Bench has held that mere marking of an exhibit on a document does not dispense with the formal proof thereof. Any document filed by either parly passes through three stages before it is held proved or disproved. These are : First stage : when the documents arc Filed by either party in the Court; these documents though on file, do not become part of the judicial record; Second stage: when the documents are tendered or produced m evidence by a party and the Court admits the documents in evidence. A .document admitted in evidence becomes a part of the judicial record of the case and constitutes evidenee. Third stage: the documents which are held 'proved, not proved or disproved' when the Court is called upon to apply its judicial mind by reference to Section 3 of the Evidence Act. Usually this stage arrives the final hearing of the suit or proceeding. [ 23 March, 1995]
Equivalent citations: 1995 IIAD Delhi 189, 1995 (34) DRJ 86,
prabhakar singh
(Expert) 22 November 2011
Yes!Mr. rajesh kumar singh is otherwise also correct had he not been with judgement .
In our courts as a matter of practice when a party proposes to file a document ,it prepare a list the same list along with documents as a matter of practice is put before other side for admission then are presented in court to take on record,which after taking the bench reader or registry index them as C marked numbers.This is the first stage mentioned in the judgement in hand.
Then evidence is recorded.The party who have filled them is under obligation to look and take care how many of them public not required to be proved formally and then taking care of admitted ones and public nature the party proves them by oral evidence then on conclusion they are now exhibited representing P for plaintiff and D for defendant.This is second stage then comes the third stage when court discusses them in judgement after hearing.
Querist :
Anonymous
(Querist) 22 November 2011
are admitted documents of organisations like mcd, pbc cic to be proved by oral evidence too?
Raj Kumar Makkad
(Expert) 22 November 2011
Yes. these can also be exhibited in oral evidence.
Querist :
Anonymous
(Querist) 22 November 2011
sir,
i mean that if the document of a government body like MCD, CIC are exhibit documents i undestand that they need not be proved through oral evidence.
they are deemed to be proved without oral evidence of the department once they are exhibited.
am i right /
vinay kala nov 22
Devajyoti Barman
(Expert) 27 November 2011
Without oral evidence the document can not be exhibited unless it is certified copy of the order of the court.
