Erastotenes Plato 06 June 2024

Is it possible to do a court application to present documentary evidence?

Dear Learnt elders,

The following letter was presented by a bank, however when asked to present the letter it was referring to, the

bank said it was lost. When requesting the letter from the lawyer it was addressed to she claims it cannot be found.

Is their an application that can be made in legal proceedings to enforce the presentation of this documentary evidence in a litigation matter?

Letter in question

July 7 2017

Bank

Dear Sir

Further to your letter of July 7, instant with respect to the certificate of title, please be informed that we have conducted a search at the Court and it was revealed that there is a caveat in favour of Rajan Prem against the subject certificate of title as such, enclosed please find the captioned certificate of title and your check representing a refund for caveat fees.

Yours truly

Reply Follow

6 Replies

Real Soul.... (LEGAL) 06 June 2024

If he bank submitting the letter calim to be issued by them then why would you dispute that. You can simply call as witness the signatory of letter

Mr. Sumitra kumar (Advocate) 06 June 2024

Under Order 11 rule 12 of Code of Civil Procedure, you can make an application to the court for the production/discovery of the documents.

Thank you.

P. Venu (Advocate) 06 June 2024

Yes, first of all, you need to make an application for discovery and production of document.

T. Kalaiselvan, Advocate (Advocate) 07 June 2024

You can follow the procedures laid down in civil procedure code for production of document accordingly.

Dr. J C Vashista (Advocate ) 07 June 2024

Neither contents / purpose of letter stated to have been submitted to the Court and not tracable in court record nor the facts posted are clear as to what do you intend to communicate.

Erastotenes Plato 22 June 2024

Dear Learnt elders,

A letter was written on May 22nd to present the docuemntary evidence, got no response, i took your advice , Under Order 11 rule 12 of Code of Civil Procedure, I made an application to the court for the production/discovery of the document on June 19th,after receiving the notice of applicaion the lawyer now presents a response to the may 22nd request on June 20th saying the letter cannot be found.

What should be the next step?

Is this grounds for dismassal of the case? What is the procedure?

Can the lawyer be charged for adverse inference?

Can an application be made to both the lawyer and the bank for not producing this evidence?