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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.

 

 

 



 9 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. 

N.K.Assumi (Advocate)     19 January 2025

Whether the author of the dcument in question has been examined or not?

Dr. J C Vashista (Advocate )     19 January 2025

Presumably you are representing plaintiff and your counsel has admitted documents filed by defendant but defendant did not exhibit / prove, if so, it will not have any adverse affect on your case, even if your counsel has admitted them by ommission or commission.

Facts posted are vague and incomplete.

Rupali Shah   19 January 2025

 Thank you Sirs.

Invoices are unsigned. So who is author of document can not be ascertailed.

and once the documents are admitted, the defendant is saying that he need not to prove admitted  invoices.

Defendant is claiming his right on the basis of unsigned invoices. Plaintiff has good chance of challanging defendant's rights (which are based on unsigned invoice). But just because of admission of  invoices by advocates, Plaintiff is loosing his  chance.

what to be argued in respect of admitted invoice?

 

T. Kalaiselvan, Advocate (Advocate)     19 January 2025

Just because the documents were marked as exhibits it cannot be said to be admitted.

The court only will state in its judgement about the maintainability of the document and whether it is admitted or not.

You can in your final argument point out the lacuna found in the document and repudiate the same and also get your argument done through a new lawyer if your current lawyer is not reliable.

Rupali Shah   20 January 2025

OK.

Thank you Sir.

P. Venu (Advocate)     20 January 2025

Any meaningful suggestion requires that the pleadings as well the documents are perused and issues discussed.


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