Redeye (Director) 12 April 2017

Evidence filing after written statement

In a civil suit the defendant as party in person file a counter affidavit with his evidence documents instead of wriien statement.The judge returned all the documents asking him to file written statement..Then the defendant file the written statement with out the evidence documents Subsequently the cross exam of plaintiff was done After the the defendant filed an evidence affidavit a long with his evidence documents Now the judge has asked him to file a petition explain why the documents were not filed along with written statement n resumit the evidence Is this petition required to be filed under any section of Crpc n if so which is the relevant section

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 12 April 2017

Where the defendant bases his defence upon a document or relies upon any document in his possession or power, in support of his defence or claim for set off or counter claim, he shall enter such document in a list, and shall produce it in court when the written statement is presented by him and shall, at the same time, deliver the document and a copy thereof, to be filed with the written statement.

(2) Where any such document is not in possession or power of the defendant, he shall, wherever possible, state in whose possession or power it is.