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jatin sachdeva   14 August 2017

Preliminary evidence

I had filed an application u/s 340 crpc in a civil court and the judge has given a next date of hearing for preliminary evidence.My query is that what is preliminary evidence and how it is given, means in the form of affidavit or i have to personally appear before the court and need to explain the reasons for which i had file the application.Please help



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 2 Replies

P. Venu (Advocate)     15 August 2017

You need to appear in person.

Raveena Kataria (Advocate )     21 August 2017

Evidence given during the preliminary hearing in the court would be preliminary evidence, and the nature of this evidence should be such that it establishes proof/point of the conclusion without having to dig deeper. That's to say, it establishes your prime facie case (of your innocence/truth of your complaint at the first look.) I'd also suggest that you go personally to the court to attend the matter, however, it'd also prove prudent to get in touch with a local advocate so he or she can assist you through the proceedings more smoothly.


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