Oversight committed by advocate during marking of documents
SHIESTA007
(Querist) 25 September 2012
This query is : Resolved
Dear team,
HERE PW1= GPA HOLDER OF PW2
PW2= PLAINTIFF
The plaintiff's evidence commenced. The plaintiff had executed a GPA to his niece for looking after the case and to stand in the civil and criminal matters in the court.
when the evidence commenced the PW1 was cross examined to length, and now when the PW1 cross was ending the defendent advocate placed his stance saying that whatever the PW1 has been crossed has no value in the eyes of law as PW1 DOCUMENT i.e, GPA given by PW2 TO PW1 is not been marked during the evidence.
The advocate for plaintiff , through his negligence has not marked the document and it is become the court record.
Now after coming to know the fact the new advocate who is appointed by the plaintiff , has placed an application saying that it may be recalled and GPA may be marked . But the defendant has raised their objections saying that it should not be done.
Now i request you to kindly help me know whether due to the oversight of the previous advocate , the document of GPA can be marked ? if yes then are there any provisions under law that it can be accepted. If any citations are available or any ways to overcome this issue then kindly help.
Thanks to the team for the reply in advance
adv. rajeev ( rajoo )
(Expert) 25 September 2012
Plaintiff can be recalled and GPA can be marked, there is no merit on the objection raised by the defendant.
Ravikant Soni
(Expert) 25 September 2012
section 30 of cpc the court has inherent power to call any witness, doc, thing for securing ends of the justice.
R.K Nanda
(Expert) 25 September 2012
court can allow it but u pray to court for imposition of heavy costs on plaintiff.
