LCI Learning
Master the Basics of Legal Drafting in All Courts. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rupali Shah   18 January 2025

Documents inadvertently admitted by advocate for plaintiff

Respected Sir,

Advocate for Plaintiff has inadvertently admitted the Defendant's documents at admission /denial stage. Those documents are unsigned invoices, issued by Defendant to third parties.  Futher the Defendant has produced xerox copies of those unsigned invoices. 

Now Plaintiff wants to challange the authenticity of those documents.  what remedy is available?

Thanking you in anticipation.

 

 

 



 3 Replies

T. Kalaiselvan, Advocate (Advocate)     18 January 2025

The advocate is not the authority to admit the documents filed by defendant. 

If the documents were permitted to be marked as exhibits on the side of the party relying upon them,  the opponent can very well challenge the documents during cross examination and get them nullified. 

Therefore you first analyze what exactly is the problem and revert with proper question if you want proper opinion. 

Rupali Shah   18 January 2025

Thank you Sir,

The invoices admitted by the advocate are  now exhibited since admitted. The Defendant has not proved the contents of those invoices as those invoices have been admitted by Advocate of Plaintiff. 

Current statge is of final argument. What remedy is available Sir?

T. Kalaiselvan, Advocate (Advocate)     19 January 2025

If the documents were not admitted or nullified during cross examination then it can be taken up during arguments stating that the documents produced are irrelevant hence the case depending on the said documents stands not proved and liable to be dismissed. 

Whereas it is not known what happened during cross examination hence you may have to clarify the same by a second opinion from another lawyer and proceed as suggested. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register