C.NOWSHAD (ADVOCATE) 23 January 2012

Pleadings not in the written statement

when a person does not take a pleading i his written statement and based on the written statement he files his proof affidavit during the examination in chief... he was cross examined by the Plaintiff counsel and now the matter is posted for argument. at present he came to know a new fact through a public document in favour of his case... how can he bring the new fact before the court..?.. what should he do..?

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4 Replies

niranjan (civil practice) 23 January 2012

He should with permission produce that document before the court,if that document in permitted toibe produced on record,then you will have to seek permission to prove it by reopening your evidence.

Vikash yadav (not applicable) 23 January 2012

if it is public document then court can take judicial notice on it and no need to prove the same.

G. ARAVINTHAN (Legal Consultant / Solicitor) 24 January 2012

file three applications

1. To reopen the case for evidence

2. to recieve additional evidence

3. To file additional written statement

(Guest)

Yes, if it is public document then court can take judicial notice on it and you can also mention it when your arguemnent comes.So, no need to prove the same.