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tony (CEO)     14 November 2014

Producing documentary evidence

In a certain Civil suit filed by a plaintiff in year 2007, he had annexed photostat copies of 13 documents to the original plaint. The suit was for cancellation of sham sale deed. Now the plaintiff died a year ago and his LRs have come on record. His LRs have amended the cause title of the plaint and signed the amended plaint. Now the LRs do not have all the original documents that copies were attached at the time of filing in 2007 (only 5 of the 13 are available) as they do not know where their father had kept them. However the LRs have more than 60 new documents that prove their case. The case will come up for the plaintiffs evidence in 2 or 3 months. As per the procedure, can the LRs who are now the plaintiffs in the case produce the 60 documents directly at evidence or do the copies have to be filed before the evidence stage. Also does it have to be mentioned that the original 13 documents submitted in annexture of the original plaint are all not available with the LRs



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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     17 November 2014

Photo copies of the documents are not accepted as evidences except under exceptional circumstances, the exceptions have to be established, in case if it is possible then certified copies can be produced, also for other new documents to be annexed, an application to receive additional documents is to be  filed upon the permission of which the new set of documents will be permitted to be marked as exhibits.


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