Receiving document
Querist :
Anonymous
(Querist) 07 December 2011
This query is : Resolved
Sir,
I am defendant in Injunction Suit. Plaintiff filed Suit agnst me along with 4 documents in Sep 2010 and accordingly I have filed my wrtn statement based on the plaint and documents granted to me. After issue was framed and the matter was posted 'for Plaintiff's evidence Finally'(3-4 dates given before), the plaintiff files application(O VII rule 14(3), Sec 94(E)& 151) to receive documents(about 20 DOCUMENTS) ( main reason in affidavit are : 'thought that these documents are not necessary to produce while filing the suit'.,'Now his advocate suggested that these documents are very necessary in the above case', ' delay in producing the same is neither intentional nor deliberate, delay may be condoned')The matter is posted for defendant's objection. Sir my question is WILL it be fair if I submit my No Objection verbally only to receive and during evidence raise my objection about the relevancy, geniuses and binding of these documents while marking or should I object this application filing my counter to application saying not relevant, not admitted, not binding etc(based on the nature of documents) kindly suggest
V R SHROFF
(Expert) 07 December 2011
All Doc must be Listed and produced along with Plaint. Otherwise how can u file W/s
Now you strongly Object the production of any doc at this later stage.
{forget abt no objection verbally or in wrt.[ NEVER DO IT] }
And in any case, if the Court allow plaintiff's Application to produce Documents, it must be on imposing heavy COST, and as it amount to amendment of Plaint, you should be allowed to File amended WS , after receiving the Copies of those Documents.
ajay sethi
(Expert) 07 December 2011
1) you must furnish your reply to application in writing objecting to production of additional documents .
2) since plaintiff ahs already filed his affidavit of documents filing of additional documents should be strongly objected to .
3) have these documents been referred to in plaint .
4) if at all court allows these documents in interest of justice ask for payment of costs
Nadeem Qureshi
(Expert) 07 December 2011
Both the Ld friend explained very well, I am agree with them
Querist :
Anonymous
(Querist) 07 December 2011
But Sir there are some judgments which favoured the applicant(favoured allowing application). Further contents included in some of these documents were narrated in the plaint but the date of the documents were twisted. Some documents were obtained after filing the Plaint and some documents are related to me(defendant)in different case. It is like Plaintiff is playing a trick and making my counter complicated. Further one of the plainfiffs only sworn affidavit in support of application. KINDLY suggest
