Affidavit of evidence of a witness.
soniya
(Querist) 25 February 2014
This query is : Resolved
Dear and respective members,
My one case is pending at small causes court at evidence stage wherein the obstructionist who is a company has filed his evidence along with documents and the said documents were exhibited by the hon'ble court. But now the said obstructionist company wanted to replace earlier witness (director) with a new witness (another director of same company) by filing fresh affidavit. By filing fresh evidence of new witness he has made an application to the HOn'ble court that continuation of the earlier order passed on proof and admissibility of the documents passed by ld. predecessor of this court on the documents filed along with earlier witness no.1.
my query is that after the exit of said witness from the present case the order passed in the light of the evidence of said witness on the documents filed alongwith his evidence affidavit can survive any more? in my case the hon'ble court has rejected the application for holding good evidence given by the earlier witness and also the exhibited documents. Further directed to file fresh evidence along with fresh document and again exhibit the document with that new witness.
Now the aggrieved from the abvoe said order the other side has filed revision against said order. now it is pending for adjudication.
Will any member help me out with any citation to that effect that he has to file fresh evidence along with fresh exhibiting. i tried alot but could not find it. Please help me.
Thanks and regards.
Advocate Soniya.
ajay sethi
(Expert) 25 February 2014
untested evidence is no evidence . the earlier witness has not been cross examined . he has been replaced by another witness . the new witness will have to again exhibit and prove the documents afresh .
