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MARIMUTHU P (Legal Practioner)     09 August 2012

Addition or deletion of facts

A person who claimed gratuity from the employer stated in his plaint some facts and certain documents as Annexures. When he was asked to submit the evidence by way of Affidavit he has added some more evidences and documents as exhibits deviating from the original plaint. Then in the subsequent hearing he has submitted a written argument in which he has not shown many of the exhibits and documents which were already shown in the original plaint and the evidence by way of Affidavit.

Which among the three I will have to take up for cross*xamination as an opposuite counsel to the employee.

Please clarify.

MARIMUTHU.P



Learning

 1 Replies

Sudhir Kumar, Advocate (Advocate)     20 August 2012

So it appears that the applicant's evidence has no relevant to plaint and he failed to produce evidence to the plaint.

 

But if it is labour court matter they may ignor etechnical formalities and pass order on the fresh grievances.


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