curiousity55 18 August 2015
Dear experts,DVC was filed on me in 2011 .whether any documents available to me like her educational qualification xerox copies,medical bills etc.,can be marked as exhibits at cross examintation stage on the dv petitioner? Her cross exam is to happen in few days in dvc.
will judge allow these documents. OR shall i submit these documents at final arguments stage of DVC. Please reply soon.Thanks.
FightForCause (Businessman) 18 August 2015
Hi,
If the documents you want to get marked are Xerox copies then they will be termed as Secondary Evidences.
The rule for Secondary evidence is that it needs to be pre-informed to the opposite party.
You can ask questions related to them during her cross and if she admits they can be marked as Exhibits, but if she did not then it will be difficult to get them mark.
Sometimes Judges take their discretion power and mark them if they feel that the document is important for the case.
Suggest you to read evidence law for more clarity - Read from Section 60 to 65 , it will clear your doubts.
All the best
curiousity55 18 August 2015
prabhakar advocate (advocate) 18 August 2015
Fight for Cause has given clear and lucid reply. The proper time to file documents by you is at the time of written statement/reply. In exceptional cases, before framing the issues, they can be filed. But courts will allow them, only using their discretionary powers. You file them right now, even though, as per law, you are filing them belatedly.
Prabhakar(Advocate)
(M)9958670740
Legal Aid Panel-Central Delhi (Tis Hazari)
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