Published on: December 13, 2023 at 15:35 IST
Court: High Court of Delhi
Citation: Joginder Singh v. Amar Nath Gupta (2012)
Hon’ble High Court of Delhi has held that there is no bar in filing the documents along with the affidavit of evidence subject to admissibility as per the provisions contained in Order 13 Rule 4 of the Code of Civil Procedure, 1908. It is held by the Hon’ble High Court of Delhi that the Documents which are not produced along with the plaint can be allowed to be produced along with the affidavit of evidence.
7. The provisions regarding recording of evidence are contained in Order 18 Rule 4 CPC, which provide that the evidence can be led by way of affidavit, by supplying copy thereof to the opposite party. It also provides that where the documents are filed and the party relies upon the documents, the proof and admissibility of such documents, which are filed along with the affidavit, shall be subject to the order of the court. There is no bar in filing the documents along with the affidavit of evidence.
However, the admissibility thereof is to be decided by the court as per the provisions contained in Order 13 Rule 4 CPC. It cannot be said that the documents which are not produced along with the plaint, cannot be allowed to be produced along with the affidavit of evidence. On the contrary, the Order 18 Rule 4 CPC provides for submission of documents, if any, relied upon, along with the affidavit.
Drafted By Abhijit Mishra