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cyberlawyer (barrister)     05 March 2016

Marking documents with objection v/s without objection

Hello ld members of the bar...

What is the difference between marking documents with objection & marking documents without objection?. Can documents be marked with objection and taken into consideration by the Judge at the time of passing the decree?. If it cannot be done, then what is the purpose of marking the same with objection ?

In a nutshell, can the party who seeks to mark the document , derive any gain when the document is marked with objection by the other side (plaintiff or the defendant as the case may be... )

Thanx in advance



Learning

 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     05 March 2016

Even if the documents are marked subjection objection or marked without objections, burden lies on the person to prove those documents who relies on those documents.

cyberlawyer (barrister)     05 March 2016

Thank you Rajeev ji. 

Actually by proving,  you mean i have to show the original documents  ?

Actually they are xerox copies of tax receipts provided by the corporation. The judge says that the other side counsel shoule be present even if the documents are to be marked subject to objection. 

Or is it like i have to mark the original of the xerox copy during the next adjournment eventhough the xerox is marked for the time being ?. 

Order 7 Rule 14(2) states that photocopies of documents whose originals are not in possession of the party can be filed in the suit or proceeding. When that is the case, the photocopies can be marked even in the absence of the opposite counsel , is it not ?. 

Since as you say that i have to prove such documents even after marking the with objection , it is not necessary to mark the same in the presence of the opposite advocate, is it not ?. 

In some courts even if the opposite party objects to the document, the judge has allowed to mark the documents with objection. 

Kindly enlighten me. 

thanx

A.RAJARAMAN (ADVOCATE)     05 March 2016

as per Evidence Act only the original documents can be marked but in certain circumstances the secondary evidence can be let in by marking authenticated true copies of the originals. Objections can be raised only when it is patently not legal for the document to be seen by the court. In such a case the court will throw out the document and will refuse to consider it.Otherwise all the documents marked subject to objection will be tested for the legality and admissibility at the time of passing judgment/order.

A.RAJARAMAN (ADVOCATE)     05 March 2016

as per Evidence Act only the original documents can be marked but in certain circumstances the secondary evidence can be let in by marking authenticated true copies of the originals. Objections can be raised only when it is patently not legal for the document to be seen by the court. In such a case the court will throw out the document and will refuse to consider it.Otherwise all the documents marked subject to objection will be tested for the legality and admissibility at the time of passing judgment/order.


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