Additional evidence
Ria
(Querist) 23 August 2010
This query is : Resolved
Respected experts,
Can additional evidence be introduced in the middle of proceedings, after the plaint has been filed ?
Daksh
(Expert) 23 August 2010
Ms.Ria,
The question of adducing the evidence comes after completion of pleadings. As it is evident from your mail it seems that your query pertains to making change/amendment in plaint for which reason the provisions of Order 6 Rule 17 CPC are amply clear and the same is permissible.
Best Regards
Daksh
adv. rajeev ( rajoo )
(Expert) 23 August 2010
additional evidence: if you want to produce the documents then you can produce the same at any stage of the case, but reason should be sound to show that why these documents produced at belated stage.
Rajeev kulshreshtha
(Expert) 23 August 2010
Additional evidence in form of documents can be filed with the permission of court if the evidence is not according to the pleading than you should have to file the amendment petition first.
Devajyoti Barman
(Expert) 23 August 2010
Additional evidence is allowed in the appellate stage and not in the trial stage. If any subsequent even happens involving the merit if the case or which was not known to the party previously but now necessary for the purpose of determining the real question in controversy then you amend the pleading but no scope for additional evidence in trial.
However you could recall any of your witnesses for the purpose of examination in chief or the other witness for cross examination if certain points were left or certain documents were left to be formally proved.
s.subramanian
(Expert) 23 August 2010
There is no bar in CPC in adducing additional evidence in the suit at the trial stage. You have to file such additional evidence,if it is documentary, with an application seeking the leave of the court to adduce such evidence under Order 7 Rule 14 A of C.P.C.
Devajyoti Barman
(Expert) 23 August 2010
I could not find any provision under order 7 rule 14A. Rule 14 only speaks of those documents which was not mentioned in the plaint but sough to be exhibited during trial after the 2002 Amendment Act.
s.subramanian
(Expert) 23 August 2010
Whatever additional evidence that the plaintiff wants to adduce can be done with the leave of the court under order 7 rule 14 c.p.c. The only thing is that that the delay has to be supported by valid and sufficient reasons.
Daksh
(Expert) 24 August 2010
Dear All,
I concur with Mr.S.Subramanian
Best Regards
Daksh
R.Ranganathan
(Expert) 24 August 2010
Additional evidence is possible with the leave and permission of the court by filing of application for the same.
