Regarding documents filing
Querist :
Anonymous
(Querist) 12 April 2023
This query is : Resolved
Can I file the documents in court after defendant cross examination in civil cases
Advocate Bhartesh goyal
(Expert) 12 April 2023
No party to the suit can file documents after closer of evidence but if document are important and material for decision of case then you can submit the same with permission of court and court may allow subject to payment of cost.
N.K.Assumi
(Expert) 12 April 2023
The responds of the above expert is absolutely correct. Evidence can be filed at any stage. till the court concerned becomes functus officio.
T. Kalaiselvan, Advocate
(Expert) 13 April 2023
What would be situation where the defendant does not file the documents not at the time of filing written statement, not at the time of framing of issues and that the defendant desires to place the same on record only at the stage of cross examination.
In a recent decision dealing with a similar circumstance, the Hon'ble High Court of Delhi applied a liberal interpretation to the clause of Order 8 Rule 1 (3) CPC. In a commercial dispute bearing CS (Comm) No.247 of 2019 titled as:
Jindal Stainless (Hisar) Limited Vs Saourabh Jinal & Ors, Hon'ble Justice Shri Suresh Kumar Kait of the High Court of Delhi, which was pronounced on 03.01.2021.
The plaintiff brought the case to safeguard his proprietary rights in the brand Jindal, alleging trademark infringement and passing off. The case's pertinent circumstances were that defendant No. 1 filed a written statement on June 26, 2019.
On the 05.09.2019, issues in the case were framed. The plaintiff's witness, PW-1, was cross examined in part on January 16, 2020, and the case was adjourned further for remaining cross examination.
At this point in the cross-examination of the Plaintiff's witness (PW1), the Defendant filed an application with the Hon'ble Court under Order 8 Rule 1 (3) CPC, requesting permission to take the extra document on record.
The Hon'ble High Court of Delhi based its decision on a comment made by the Hon'ble Supreme Court of India in Sugandhi (Dead) by Legal Representatives and Others Vs. P. Rajkumar (2020) 10 SCC 706.
In this judgement, the Hon'ble Supreme Court of India has given a wide and liberal interpretation of the afore mentioned provision of law while dealing with the issue of taking on record the additional document subsequent to the filing of a written statement. The relevant portion of the aforementioned decision is reproduced below:
9. It is often said that procedure is the handmaid of justice. Procedural and technical hurdles shall not be allowed to come in the way of the court while doing substantial justice. If the procedural violation does not seriously cause prejudice to the adversary party, courts must lean towards doing substantial justice rather than relying upon procedural and technical violation.
We should not forget the fact that litigation is nothing but a journey towards truth which is the foundation of justice and the court is required to take appropriate steps to thrash out the underlying truth in every dispute. Therefore, the court should take a lenient view when an application is made for production of the documents under sub-rule (3)."
Thus, the Hon'ble High Court of Delhi, in its aforesaid recent judgement, reaffirmed the need to treat procedural law liberally and ordered the defendant's additional documents to be taken into account while allowing the defendant's application under Order 8 Rule 1 (3) CPC, which was filed even while cross examination of Plaintiff's Witness, PW-1, was in progress.
As a result, the court's emphasis on fair play outweighed the necessity for a rigorous interpretation of procedural law.
adv. rajeev ( rajoo )
(Expert) 26 April 2023
You have to show the reason for non production of document when you filed a suit or at the time of your evidence. Court may or may not consider it.
