Submission of additional documents during civil suit proceedings
Guest
(Querist) 14 October 2015
This query is : Resolved
1. I have case going on in District court where I am plaintiff
2. My Examination in chief by way of tendering written statement affidavit is just over.
3. Remaining witnesses and defense witnesses are also in process of chief.
4. I have found missing 2-3 important documents which I want to attach with plaint or my written statement now.
5. Can I also give name of 1 more witness in addition to another witness name given in beginning?
A, can i do this at this stage?
B-What is procedure to submit and acceptance by court
Rudrawar Narayanreddy
(Expert) 15 October 2015
Yes you can do this at this stage
seek permission under order vii rule 14(2) of cpc and file application for recall of pw1 u/s 151 of cpc.
P. Venu
(Expert) 15 October 2015
You may seek leave of the Court.
R.K Nanda
(Expert) 15 October 2015
nothing to add more.
Guest
(Querist) 16 October 2015
There is some confusion. The rule quoted by expert belongs to the documents which are basis for filing plaint.
In my case those documents were attached with plaint.
Now these are corroborating document to plaintiffs written evidence or chief and not main documents.
Since the case is of challenging will, there are no base documents to attache with plaint except to prove interest in will.
These documents relate to prove allegations made by will holder as false and concocted to prove bad relations between me and the testator.
K.S.Srinivas
(Expert) 17 October 2015
The scope of section 151 has been explained by this Court in several decisions by the Apex Court (see National Institute of Mental Health & Neuro Sciences vs. C Parameshwara - 2005 (2) SCC 256; and Vinod Seth vs. Devinder Bajaj - 2010 (8) SCC 1 etc.)
Guest
(Querist) 18 October 2015
Is section cpc 151 required in this incident. Because case is still in evidence stage and cross has not yet started.
T. Kalaiselvan, Advocate
(Expert) 18 October 2015
The provision of law quoted by expert Rudrawar Narayana Reddy is is correct. Under this section, any documents may be filed at a later stage too. or Order 18 Rule 17 of the Code.
The power under Section 151 or Order 18 Rule 17 of the Code is not intended to be used routinely, merely for the asking. If so used, it will defeat the very purpose of various amendments to the Code to expedite trials. But where the application is found to be bona fide and where the additional evidence, oral or documentary, will assist the court to clarify the evidence on the issues and will assist in rendering justice, and the court is satisfied that nonproduction earlier was for valid and sufficient reasons, the court may exercise its discretion to recall the witnesses or permit the fresh evidence. But if it does so, it should ensure that the process does not become a protracting tactic. The court should firstly award appropriate costs to the other party to compensate for the delay. Secondly, the court should take up and complete the case within a fixed time schedule so that the delay is avoided. Thirdly, if the application is found to be mischievous, or frivolous, or to cover up negligence or lacunae, it should be rejected with heavy costs.
Court can exercise its discretion to permit reopening of evidence or recalling of witness for further examination/cross-examination after evidence led by the parties, in the light of the information that those document now sought to be relied upon were discovered only now and not adverse to the present status of the case.
Guest
(Querist) 19 October 2015
I have only tendered my written evidence and only chief has been done. No other witness of both sides has yet been examined or cross examined. So I just want to submit more documents . Nothing else. I have yet to be crossed and defense lawyer can cross me on these. I think this is not any big deal during trial. Do you agree sir?
T. Kalaiselvan, Advocate
(Expert) 19 October 2015
To the circumstances mentioned in your subsequent post, expert Mr. Rudrawar Narayan Reddy's opinion is
"seek permission under order vii rule 14(2) of cpc and file application for recall of pw1 u/s 151 of cpc."
perfectly suiting and I agree with him.
V R SHROFF
(Expert) 19 October 2015
YOU CAN SUBMIT MORE DOCUMENTS.
YOU CAN FILE AFFIDAVIT OF EVIDENCE BY WITNESS AND INCLUDE AS MANY DOCUMENTS AS YOU WANT , , IT WILL BE ADMITTED, REA IN EVIDENCE, AND YOUR PURPOSE IS SERVED.
