Witness summons for documents.
SANTOSHSINGH.
(Querist) 10 April 2013
This query is : Resolved
The plaintiff before closing the evidence applied for production of public documents form public authority which was rejected.
What is the remedy since documents are important for the case.
Adv. Chandrasekhar
(Expert) 10 April 2013
The grounds for rejection have to be informed to get proper advice.
prabhakar singh
(Expert) 10 April 2013
Certified copies are given for all documents called public obtaining them plaintiff could have filled on his own there was nothing like to applly for production of public documents form public authority,hence rightly rejected.Plff. can still obtain certified copies of those public documents and can file those in the file by permission
as they do not require any formal proof,and it would be possible to do so before arguments are concluded.
V R SHROFF
(Expert) 10 April 2013
Public Documents can be filed directly, and no need to witness/ proof or examination.
Just produce it in court.
SANTOSHSINGH.
(Querist) 10 April 2013
1) We had given the application so as to get some time since court was pressing to close the evidence.
2) Public documents can be obtained from public office but meanwhile if the evidence is closed whether the same can be submitted at the time of cross of the defendant.
3) There is some provision about documents shown at the time of cross so whether such documents should be submitted also to the records.
4) Whether the document which is sought to be produced now and it relates to the plaintiff can be shown at the time of cross to confront the plaintiff and seek admission from him.
prabhakar singh
(Expert) 10 April 2013
I have already told you public documents can be submitted even before arguments,with application explaining reason why it could not be submitted earlier,and such applications are generally allowed against imposition of cost payable to defendant and a chance of rebuttal to defendant.
Raj Kumar Makkad
(Expert) 10 April 2013
Tender those documents in rebuttal evidence even.
Raj Kumar Makkad
(Expert) 11 April 2013
If the case goes against you in that event, you may even lead an additional evidence at appellate stage by moving an application under 41 Rule 27 of CPC
SANTOSHSINGH.
(Querist) 12 April 2013
I am plaintiff and not defendant.
1)Meanwhile I had requested the court for production summons for public documents which is refused.
2) Certified copies will take time so whether I can confront the defendant at the time of cross with xerox copies pf public documents.
3) Whether I should also submit the xerox copies of public documents at the time of cross.
Sudhir Kumar, Advocate
(Expert) 12 April 2013
You said
"We had given the application so as to get some time since court was pressing to close the evidence"
generally courts see through such tricks and foil them
Dr J C Vashista
(Expert) 13 April 2013
I agree with the expert opinion submitted by Mr. Raj Kumar Makkad
SANTOSHSINGH.
(Querist) 13 April 2013
I am thankful to all the experts.
Now the court may close the evidence of plaintiff before certified copies can be obtained. We have a xerox copy from other source.
So whether at the time of cross this xerox copy can be shown to defendant to get admission for document and its contents.
V R SHROFF
(Expert) 13 April 2013
You can ask Defendant, and if he admits , it can be exhibited and read in evidence, though Xerox copy.
