Rejection of evidence documents filed in r a e & r suit
KETAN J SHAH
(Querist) 05 August 2013
This query is : Resolved
Respected Sir,
The Landlord has filed an eviction suit against Tenant in 2009. In the plaint the Landlord has admitted the correspondence between him and the tenant prior to the suit from 2003 to 2005 and some correspondence entered into in the year 2008.Some papers which were exchanged between the two and have been received and endorsed by both the parties but have not been admitted in the plaint.These papers have been rejected by the advocate of defendant which are filed in the evidence.
Secondly the Landlords had asked for inspection of suit premises at the time of filing the suit but the Tenant neither replied nor gave inspection. The landlords raised this issue recently . The Court allowed inspection to the Landlord.The Tenant challenged this order in the High Courtby filing writ petition.This W P was dismissed and the Landlords were allowed to take inspection of the suit premises along with an artitect,photographer in presence of Landlord and Tenant.
This Inspection report has been filed as one of the document of Evidence.
The question is wether the documents which are exchanged between both the parties and endorsed by both the Landlord and the Tenant but not mentioned in the plaint be admitted as evidence or rejected.
Also the report of inspection which was allowed by the High Court filed as evidence be admitted or dismissed
The inspection report which is filed in the Evidence is the most important document of evidence for the Landlord as this gives each an every detail of illegal additions/alterations carried out by the Tenant.
Your valuable advice would be highly appreciated.
Thanking you in advance.
Raj Kumar Makkad
(Expert) 05 August 2013
There is no requirement to mention each and every document in the plaint. The contents of the plaint are required to be proved by way of evidence which the landlord is already having with him in the shape of correspondence and now he has also obtained the inspection report so all these documents are admissible in the evidence and none can reject these.
R.K Nanda
(Expert) 05 August 2013
take help of local lawyer.
Rajendra K Goyal
(Expert) 05 August 2013
Agree with the expert raj kumar makkad ji.
KETAN J SHAH
(Querist) 06 August 2013
Respected Sirs,
Thankyou very much for your valuable opinion on Rejection of Evidence documents posted a day ago.
As you mentioned that there is no requirement to mention every document in the plaint.But what if the defendant Advocate refuses to those evidence documents which are not mentioned in plaint but when he can refuse the inspection order then he can refuse anything.
Please advice
Thanking you in advance.
