Trial Procedure
G.Padmanabhan
(Querist) 16 March 2010
This query is : Resolved
Trial has just begun in a case before the Chennai City Civil Court. The Plaintiff has introduced a witness and marked certain documents through him. The defendant objected to a certain document being received in evidence. Ignoring his objections, the document was marked. When the counsel for the defendant persisted with his objections, he was informed by the judge that the document will be marked subject to his objections. But, no written endorsement of the defendant's objection seems to have been made by the judge. What courses are open to the defendant?
Raj Kumar Makkad
(Expert) 16 March 2010
You should obtain the certified copy of the evidence or should inspect the court file. I think the objected to word might have been there raised by defendant. If it is not there then it is very difficult to rebut at any later stage. Try to move an application under section 151 CPC on the next date of heating.
