Will marking a document as exhibit mean proof of it
Querist :
Anonymous
(Querist) 28 December 2011
This query is : Resolved
Ld councels,
Will marking of a document as an exhibit by civil court mean proof of it.
Will that also mean a duty is cast upon the opponent to rebut the presumption arising out of the document.
Please clarify.
H.M.Patnaik
(Expert) 28 December 2011
Yes, if it is relevant to the context, o.p. has to rebut it to prove his point.
s.subramanian
(Expert) 29 December 2011
it is well settled legal proposition that mere marking of any document as an exhibit does not and cannot dispense with the proof of the same before the court in a manner known to law. The question of rebuttal will not arise till the document is proved by appropriate evidence to be be true and binding on the other party.
N.K.Assumi
(Expert) 29 December 2011
I concur with S.Subramanian. Production of documents and marking the same does not MOUNT TO proof of documents unless the same is proved in the court according to law of evidence. Otherwise all kinds of documents produced in the court and marked by the court would amount to conclusive proof.
prabhakar singh
(Expert) 29 December 2011
Exhibition of documents is a procedure to recognize that a documents has gone with requirements of proof but in case if any document is accidently exhibited without going trough procedure of proof,such wrong exhibition does not legally treat the document proved.
Devajyoti Barman
(Expert) 29 December 2011
Yes I agree with the views above though I repeat this is another academic query.
Deepak Nair
(Expert) 29 December 2011
Exhibiting a document means that the court has considered the document as an evidence in the case which requires to be proved/disproved
Querist :
Anonymous
(Querist) 29 December 2011
Dear experts,
Thanks for the reply, in this case proof affidavit is filed, marking is being done based on the exhibits referred in affidavit.
Now will that amount to proof if documents if they are marked. Judge for some document made an order stating that marking is subject to objection by the opponent.
Shonee Kapoor
(Expert) 29 December 2011
The judge is right.
If I submit a proof affidavit and no one is there to object it, all my story would be true.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Advocate. Arunagiri
(Expert) 29 December 2011
All the documents which are marked in the trial court, can be used to prove your case. It does not mean it is a conclusive proof.
If the other side claims it as a fabricated document, the burden will be on them, to prove it.
Otherwise the court will appraise the documents and will pass suitable orders.
