Any provision for submitting evidence after the trial
Amit
(Querist) 03 July 2013
This query is : Resolved
Dear experts,
In regard to Section 13, Please guide if I missed submitting an evidence or the original or certified document/electronic evidence at the time of my evidence or the respondant's cross. Is there a provision that I can submit it later while her witness statements are going via a exclusive application expecially to submit the missed evidence.
Thanks
vk
Raj Kumar Makkad
(Expert) 03 July 2013
You can move an application seeking additional evidence which generally is allowed by the trial courts subject to certain costs.
prabhakar singh
(Expert) 03 July 2013
You can if you are able to justify why bus was missed earlier.
Amit
(Querist) 03 July 2013
Could I possibaly submit those as annexutures to the written arguments for an application up for argument?
prabhakar singh
(Expert) 03 July 2013
YOU MUST MOVE AN APPLICATION BEFORE ARGUMENTS.
Amit
(Querist) 03 July 2013
Sir, you said I must move an application before arguments. Now I am talking about an interim application and argument related to that. Not the final argument of the whole case.
so having two choices:
1. Move an application before everything to add Additional evidence under Order 7 rule 14
2. Submit written argument for an interim application where in the evidence under question are relevant so put them as annexutures.
Just to be confirmed, I must take choice 1?
Thanks & regards
VK
Raj Kumar Makkad
(Expert) 03 July 2013
You are required to move an interim application with proposed evidence and the chance shall also be provided to the opposite party to rebut it and after hearing the argument on the application, it may be got allowed.
Amit
(Querist) 03 July 2013
Sir, Thank you so much. Its very logical and clear.
R.K Nanda
(Expert) 04 July 2013
you can do it provided court allows it.
Amit
(Querist) 05 July 2013
Dear experts
Just wanted to share that I had submitted the application for additional evidence today under CPC order 7, Rule 14. However, Judge nicely allowed me to submit documents without this application and returned my application.
Thanks for your guidance that allowed me to be well prepared.
Rgrds.
Raj Kumar Makkad
(Expert) 05 July 2013
Most welcome for your appreciation and it sounds good to hear that the suggestions of the experts have ultimately benefited you.
Amit
(Querist) 05 July 2013
For the sake of understanding what If I use Order 14 of family court act instead of CPC order 7, rule 14 for submitting documents after the evidence stage is over.
for quick reference Order 14 Family court act: "Application of Indian Evidence Act, 1872 .- A Family Court may receive as evidence any report, statement, documents, information or matter that may, in its opinion, assist it to deal effectually with a dispute, whether or not the same would be otherwise relevant or admissible under the Indian Evidence Act, 1872 (1 of 1872 )".
Pls suggest.
Amit
(Querist) 05 July 2013
Just changing the status for your notice.
Raj Kumar Makkad
(Expert) 05 July 2013
Special law overrules the general law hence Family Court has allowed the additional evidence in in its eyes is necessary to be brought on file.
V R SHROFF
(Expert) 06 July 2013
Family Court have discretionary power. Cannot adhere strict evidence act.
Being Family matter, it is Liberal;
Can allow additional Doc at any time before Order.
Amit
(Querist) 06 July 2013
Sir,
Thinking about it I have just realized that it was not a favor from the judge. If she had submitted those documents with the application, she would have had to mark them exhibits which she didnt. so now they are no file but as per my discussion this morning with a freind, anything that is not marked as exhibit on file can not be used in the argument or on order. so that ways I have no reason to be happy. I will have to again move an application to mark them exhibits or if thats not logical, then perhaps reexamine their witnesses in rebuttal could give an opportunity again to submit those docs and get them exhibits.
Any suggetions will be of great value to me. Thank you.
Raj Kumar Makkad
(Expert) 06 July 2013
As you have been provided with the opportunity to lead additional evidence so you can definitely mark the desired documents as exhibited during that process and no separate application is required to be moved.
It shall be better for you to first obtain the certified copy of the court proceeding held on last hearing so as to each to a right conclusion of court court in exact words.
Amit
(Querist) 06 July 2013
Sir,
I have got the certified copies from my proceedings of yesterday in court. There is no mention of my application regarding leading additional evidence, because when I presented the application, Judge has returned it by saying that to submit any document this application is not required and I should simply given the documents to the reader to add in the file. Thats exactly what I did but later realized that they were not exhibited. Infact today I did the file chess (nirikshan) and found out that during my wife cross I submitted many original photographs and Audio DVD regarding her conversation which too were not exhibited. They are just hanging in the file but not exhibited or marked. so I am afraid I can use them in my final arguments which I plan to do in writing.
So there are two things I need to know:
1. if the document I am submitting after my evidence and during cross of my wife which is relevant to the case, is judge right about not exhibiting them?
2. Is there way for me to request the judge now to mark them as exhibits.
The earlier judge used to give a exhibit number to all original or certified documents and give them a 'Mark#' for photocopies.
Please suggest.
Raj Kumar Makkad
(Expert) 06 July 2013
Haven;t you engage a lawyer for your case?
Amit
(Querist) 06 July 2013
I do have one for consultation but unfortuantely I havent been getting adequate responses. Thus I said couple of messages ago that I need rather someone who is in expert category and willing to spend time with me over phone or in person and I would be happy to pay. I wish there was one in Gurgaon but am afraid I havent been able to find him.
Amit
(Querist) 06 July 2013
Sir,
I guess I have offended you by asking a very basic question. I will try to ensure to get them clarified someplace else. But Thanks alot for all yours and Sir Prabhakar's help.
Amit
(Querist) 07 July 2013
Sir,
It will be very nice of you to guide me as to which law I can read that can throw more light on various aspects of submitting evidence after the evidence stage is closed. I have had a look at Family courts act, Hindu Marriage act, Indian evidence act but none speaks about the situation particularly where it is described regarding stages and circumstances for submission of evidence .
As I am afraid I may not find a good lawyer around my place who knows this stuff in good length.
Thanks and regards.
Amit
(Querist) 07 July 2013
Sir,
I have found a great article about the same on the internet. Its very informative yet it is clear that reading the information out there is not likely to be a substitute of experienced lawyer. but this is better than nothing.
You may add any other info that may help.
Thanks.
Amit
(Querist) 07 July 2013
Btw, i missed the link . Here it is : http://www.legalblog.in/2010/12/exhibiting-documents-in-evidence-law.html
