Submission of document after the start of witness in civil suit
surjit singh
(Querist) 20 November 2012
This query is : Resolved
In a suit can a document be submitted when the deposition of witness has been started from the side of the plaintiff. The document to be submitted is the document which was in the possession of the proforma defendant in the suit. The plaintiff have mentioned in the plaint that it crave leave to produce the document at the time of hearing. Although the deposition of witness have been started from the plaintiff side but the plaintiff himself have not yet deposed. Now the plaintiff wants to submit the said document and then depose making it as an exibit. Whether the court will allow such submission when there is a reasonable cause that the document was in the hand of the defendant.
Here I point out that although one of the defendants as well as by the proforma defendant have stated in his WS about the aforesaid document but no notice for production was given under Order XI Rule 16 by the plaintiff.
V R SHROFF
(Expert) 20 November 2012
It should be in the List of Documents Plaintiff Relied upon.
If for any reason it was missed, Court will allow to Exhibit, with reasons, on application.
Plaintiff can Produce it during his Cheif / or even during his cross with tricks.
To meet the end of justice is preferred on procedures.
surjit singh
(Querist) 20 November 2012
By mistake it was not in the list of documents produced before the court by the plaintiff. It was a family PANCHANAMA two of the defendants so it was in the custody of the defendants, and the plaintiff failed to give notice under Order XI Rule 16 to the defendnat.
Devajyoti Barman
(Expert) 20 November 2012
Yes it can be exhibited if admissible in evidence.
The absence of list would not be a restraint.
Raj Kumar Makkad
(Expert) 22 November 2012
The provision contained in Order 11 Rule 16 is directory and not mandatory so it doesn't matter whether the document being produced in the evidence was found recorded in the list or not.
