Non submission of all documents with plaint
anish
(Querist) 04 October 2012
This query is : Resolved
sir
Apart from his own properties, my father during his life time acquired several immoveable properties in my and my mother’s name but from our own funds. My father has expired. My younger brother was vagabond so my father has not given him any of his property which he has clearly mentioned in his WILL.
Now my brother has filed a suit in court claiming that all properties belonging to my father, myself and my mother form joint family properties of my father and he is entitled to his share as member of joint family in all properties and asked for partition decree and injunction order restraining us to deal with all properties. None of the properties are in his name. They are either in my name or in mother’s name.
A copy of suit plaint, Annexure, notice of motion etc. is sent to me as part of legal procedure. Though he has put many annexure with plaint or notice of motion they are not relevant and he has not filed any relevant supporting document or exact proof which can establish his claim. Our lawyer has asked his lawyer to give copy of documents which he is relying for his claim.
1) Is he not supposed to annex all relevant documents now for establishing his claim and prayer for injunction or he can produce them when injunction application hearing begins, just to catch us off guard or surprise us?
2) Is his lawyer bound to give us documents on which he is relying (which he might not have annexed), if my lawyer requests for it?
3) Am I correct in assuming that all documents, proofs should be disclosed, annexed before injunction application is fixed for hearing? Matter is in admission stage and ad-interim, interim injunction hearing will start soon.
Tribhuwan Pandey
(Expert) 04 October 2012
1. he may file the documents at evidence stage also.
2. wrong practice in the court, the plaintiff lawyer must supply all annexed documents to O.P. if not, you may inspect court file.
3. to get ad-interim injunction the court see prima-facie hardship in the matter, it is his burden to proof his case and it is your duty to oppose his establishment with proper evidence.
Advocate Bhartesh goyal
(Expert) 05 October 2012
Plaintiff may submit documents under order 7 rile 14 of c.p.c on later stage also.if he does not submit the relevent documents at the stage of hearing injunction application he can not get the advantage of that documents.It is plaintiff who has to prove his case by cogent evidence {documentary and oral}you need not to worry about that.Raise all the objections in this regard in your reply.
sivakumar.k
(Expert) 03 March 2014
gayal ji 's answer is suitable but relevant ruling is missing
