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Pradeep (Owner)     02 September 2013

Filing evidence during argument stage

Hello learned councils,

   I am fighting against a corrupt advocate in the Honorable State BAR council. I am fighting on my own with the guidance of the experts panel in this forum.

I had some evidence to be produced along with the written argument during the argument stage. The judge did not accept the evidences and justified that he cannot entertain the evidence during the argument stage. However he said me that if I can file the evidence within 2 days he might consider to accept the evidence.

I took this seriously and filed the evidence with an affidavit on the next day itself. During my next hearing, the opposite party failed to turn up to the session and the judge accepted the evidence, I led the evidence and the matter was posted for cross examination yesterday.

Yesterday, the opposite party is tried to file an objection stating that how can the evidence be accepted when the matter is already posted for orders to which the judge who accepted was not present. The judge who was on behalf for the previous judge replied that once the evidence is accepted that cannot be reverted. NOw the matter is posted for cross examination for the next date.

 

My question is, when the opposite party files his objection the next time, on what grounds  should I defend to accept the evidence? Please advice..



Learning

 2 Replies

Shantilal Pandya ( Advocate)     02 September 2013

 if the judge has allowed you to lead evidence ,it cannot be undone ,how ever your opposite party can   also  lead     evidence to rebut your evidence , the procedure allows leading  evidence on terms  till judgement is delivered.  in suitable cases  even in appeal also  leading additional evidence can be tendered,  

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     05 September 2013

I completely agree with expert.


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