Return of not admited evidence
Bhumika
(Querist) 02 September 2016
This query is : Resolved
In a rent case, the evidennce is not admitted by the court as it was presented in baleted stage and not showing good cause. So i ask the honourable court to return the rejected documentory evidences. so i can go for appeal. but honourable judje says that it can not be returned and not even the true copy can be met. And if i want to go for appeal, call for the record.with out the original or truecopy how cant i go for appeal . according to order 13 rule 7 of cpc
" (1) Every document which has been admitted in evidence, or a copy thereof where a copy has been substituted for the original under rule 5, shall form part of the record of the suit.
(2) Documents not admitted in evidence shall not from part of the record and shall be returned to the persons respectively producing them."
so here the query is what is the procedure should i follow"call for record" or "return of rejected documents" please clear my confusion
Raj Kumar Makkad
(Expert) 02 September 2016
You need to file appeal against the order passed denying your prayer which shall include non-compliance of the provisions of Order 13 Rule 7 of CPC by trial court. You make this one of the grounds of the appeal instead of wasting your time before the trial judge.
Dr J C Vashista
(Expert) 03 September 2016
Submit your application u/o XIII Rule 7 CPC for return of the documents not admitted in evidence. Let the trial court decide.
Meanwhile, move in appeal with one of the prayers to call for TCR (trail court record) .
cherukuri prasad
(Expert) 04 September 2016
What is the stage of the case. Do not worry. File a petition for that. NOthing happens orally in court. If you file a petition showing the provision of law, the court is bound to pass order. Take the assistance of advocate if you are not one.
