Defendent not complying order of production of documents
D S DOCTOR
(Querist) 20 February 2011
This query is : Resolved
Dear Sir,
my case Civil Court had Defendant to produce Documents However Defendent not complying order of production of documents, So Court can take Adverse inferance ? pl provide some judgement on same
Dayananda Gowda
(Expert) 20 February 2011
The document in your custody and court direct to produce the same. If you are not complied the said order court may allow to lead to secondary evidence to your opposite party.
KANDE VENKATESH GUPTA
(Expert) 20 February 2011
Please furnish full details of your application seeking the defendant to produce the documents. You are not clear, you have established before the court that the defendant is in custody of the documents. If the defendant failed to comply with the order of the court to produce documents, the court has to draw adverse inference against the defendant and you are entitled to ask the court seeking permission to lead secondary evidence i.e., zerox copies of the documents, if available with you or certified copies of the documents obtained from the public authorities,.
KANDE VENKATESH GUPTA
(Expert) 20 February 2011
Please furnish full details of your application seeking the defendant to produce the documents. You are not clear, you have established before the court that the defendant is in custody of the documents. If the defendant failed to comply with the order of the court to produce documents, the court has to draw adverse inference against the defendant and you are entitled to ask the court seeking permission to lead secondary evidence i.e., zerox copies of the documents, if available with you or certified copies of the documents obtained from the public authorities,.
Advocate. Arunagiri
(Expert) 22 February 2011
If the documents are in possession of the part, by refusing to produce the same even after court direction, the court will take adverse inference u/s 114G of Indian Evidence Act.
114. Court may presume existence of certain facts - The Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case.
Illustration
The Court may presume -
(g) That evidence which could be and is not produced would, if produced be unfavorable to the person who withholds it;
