Placing document on case file whwn case is fixed for orders
vinod bansal
(Querist) 17 October 2010
This query is : Resolved
R/Experts
In a consumer complaint case at the time of arguments OP (Insurance co.)counsel wrongly argued that the intimation regarding theft of vehicle in question was never given to ins. co. so no claim was ever lodged with insurance co.(My case is of delay in settlement of claim)No documents is available /exhibited in case file which can prove that claim was/is lodged with ins. co.Real problem arises in this case due to strucking off defence of insurance co.I never thought that Insurance co's lawyer will tell a so big lie in court,now case is fixed for 21-10-10 for orders and arguments were advanced on 14-10-10,i filed a misc application with copy of my claim status (Obtained from website of Ins. co. in which it is clearly mentioned that the claim was lodged with ins co. at claim ref. no201545824 and claim was repudiated due to non insurable interest),now by this documents it is clear that OP lawyer was telling a lie in court,this document was not in my possession till 15/10/10 so i could not produce/exhibit it in my evidence and case was fixed for arguments.i produced it on 15/10/10 with a application to take it in case file for just and proper decision of the case.I want to know whether without exhibit, forum is bound to entertain my application and this documents as it is very importent document for the decision of the case.Kindly advice with citations if any in which it is held that court can adopt any practice for just and proper decision of any case.
adv. rajeev ( rajoo )
(Expert) 18 October 2010
you advance the case and produce the document, moreover consumer cases are summary cases and even un exibhited documents will be relied. There is no problem to you to mark it. You can also file a recall application to lead the evidence of the complainant.
pawan sharma
(Expert) 18 October 2010
in the consumer forum the evidence is produce througr affidavit alogwith annexures i.e. the document in such case there is no need to marks an exibits on the papers produce by you.
futher if you want to file document you file an application that these documents are not in your possession which ars necessary to take on record for the proper disposal of the case.
