• Additional evidence during cross exam

Can i by any means introduce additional evidence during cross of respondent in divorce matter at family court?
Asked 1 year ago in Family Law
Religion: Hindu

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32 Answers

you can file appropriate application for taking on record additional evidence available with them and it is the discretion of the court to accept our reject the said application

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
31 Consultations

4.5 on 5.0

Only if, the said evidence is a fresh evidence which was not in knowledge during the filing of the matter or it came up fresh after filing

Prashant Nayak
Advocate, Mumbai
24930 Answers
58 Consultations

4.4 on 5.0

Additional evidence produce in appeal. Application will file in same court to produce further documents which were not filed along with petition/reply.

Court will allow to meet end of justice.

Yogendra Singh Rajawat
Advocate, Jaipur
21452 Answers
31 Consultations

4.4 on 5.0

What do you mean by additional evidence?

In legal parlance it means when you missed an evidence during trial but wants to lead it during appeal hearing under Order 41 Rule 27 CPC.

In cross examination you can ask the witness any question or confront her with any document which touches the merits of the case. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
366 Consultations

5.0 on 5.0

You can very well cross examine the witness with the documents in your possession provided it is relevant to the case and the witness.

If the witness admits the documentary evidence produced then it can be marked documentary evidence or exhibit from your side. 

 

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

Hello,

Yes but only after taking permission of the court .

Regards

Swarupananda Neogi
Advocate, Kolkata
2936 Answers
6 Consultations

4.7 on 5.0

An application can be filed before the court and court may on application exhibit the evidence.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
149 Consultations

5.0 on 5.0

Yes by the leave of the court 

Atul Shahi
Advocate, Allahabad
159 Answers
1 Consultation

4.6 on 5.0

You cannot introduce any additional evidence in cross examination in divorce cases 

 

you can confront accused with documents to cross examine him 

 

 

Ajay Sethi
Advocate, Mumbai
84936 Answers
5617 Consultations

5.0 on 5.0

Sir/Madam,

There is provision of production of documents/additional evidence relevant to the case at the time of cross examination and you may exercise your right accordingly. 

Ganesh Singh
Advocate, New Delhi
6629 Answers
16 Consultations

4.5 on 5.0

yes, you can introduce additional evidence and even if there is any documentation then you may exhibited the same during cross examination.

Nadeem Qureshi
Advocate, New Delhi
6140 Answers
292 Consultations

4.9 on 5.0

if the documents you are going to submit are relevant and mentioned by the respondent during the cross-examination, you can submit 

Suneel Moudgil
Advocate, Panipat
2353 Answers
6 Consultations

4.7 on 5.0

Dear Sir,

Your advocate guide you orelse read the provisions of Civil Procedure Code.  If the matter is not found in the pleadings then you have amend your objections petition by filing amendment application under order 6 rule 17 of CPC otherwise new case cannot be introduced. Additional evidence is allowed if there are already pleadings on record.

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15.Moreover, Order 41 Rule 27 is not primarily meant to allow a party who has been unsuccessful before the trial Court or lower Court to breach up the weakness his/her case and to fill up the gaps before the appellate Court. The settled proposition of law is that additional evidence can only be permitted under specified circumstances and not as a matter of routine. A petition as per Order 41 Rule 27 of Civil Procedure Code cannot be permitted to bring something on record, which is by law, considered to be a part of record.

16.It is to be pointed out that whether evidence is adduced by means of an affidavit. Such affidavit should state the basis of knowledge or source of information and in this regard, the ingredients of Order 19 Rule 3 of Civil Procedure Code are to be clearly made mention of. The fundamental principle of reception of additional evidence is that the individual seeking permission of additional evidence ought to establish that with the best efforts such additional evidence could not have been let in at the initial stage. The next one is that the party aggrieved by the admission of additional evidence must have an opportunity to rebut such additional evidence. The additional evidence must be relevant for the determination of subject matter of controversy/dispute.

Madras High Court

M.Venugopal vs Unknown

M.P.Nos.1 and 2 of 2011

in

C.M.A.No.2148 of 2008

Kishan Dutt Kalaskar
Advocate, Bangalore
6017 Answers
330 Consultations

4.8 on 5.0

Yes certainly you can, by moving an application to adduce additional evidence by submitting additional list of documents.

An application seeking permission to submit additional list of documents to be filled along with the list of documents.

Thresiamma G. Mathew
Advocate, Mumbai
1629 Answers
188 Consultations

5.0 on 5.0

Yes you can request to the court in writing for submission of additional evidence during the course of examination

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

This you had to chekc before if documents were not submitted. Might those documents not replaced with certified. Inform the court, might not require to file application. Or

File application now to produce in court. 

Yogendra Singh Rajawat
Advocate, Jaipur
21452 Answers
31 Consultations

4.4 on 5.0

You can confront respondent with said document during cross examination to prove your case 

 

request court to take it on record

Ajay Sethi
Advocate, Mumbai
84936 Answers
5617 Consultations

5.0 on 5.0

- As per Supreme Court , the additional evidence can be produced , if not produced at the trial.                               SC 707 CIVIL CC 2010(1)V.59

- Further, If additional evidence is essential for just decision of the case , it can be allowed at any  stage of the suit. There is no hard and fast rule that additional evidence cannot be permitted in any eventuality after closing of evidence by defendant and at the stage of rebuttal evidence.        VOL 9 1(2017)(2) CCC ( P & H ) 177

- Hence, under the above mentioned judgments , you can produce the left documents during cross examination of respondent , after moving an application for Additional evidence. 

- But , if the cross examination of respondent has not been closed , then during the Cross examination ,you can ask the witness any question or confront her with any document , and further no need of the application for additional evidence. 

- But if you could not produce any documents /witness during the time of cross examination of witnesses, and at a later stage you want to produce the same , then question of additional evidence arise. 

Mohammed Shahzad
Advocate, Delhi
8498 Answers
92 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested to once inspect the court file with the help of your advocate and if found that your document taken by court on record is missing, file the due complaint in the court. It sometimes happened that the documents are placed in records in some irrelevant place. In all the cases, you have the right to produce the document during cross examination for reference of the witness and you may raise question to the witness pertaining to those documents. 

Ganesh Singh
Advocate, New Delhi
6629 Answers
16 Consultations

4.5 on 5.0

Inform the court in writing and lodge complaint with Registrar of court. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
366 Consultations

5.0 on 5.0

See file an application before court stating scenario and file the evidence before the court. The court may accept same and exhibit the documents 

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
149 Consultations

5.0 on 5.0

You can confront the witness with the document through which you want to elicit evidence.

In matrimonial cases, additional evidence is not permissible.

However, if the document sought to be produced pertains to subsequent developments / events i.e., after filing of your case, under such circumstances, upon making an application the court after convincing the reason may permit you. 

S Srinivasa Prasad
Advocate, Hyderabad
2877 Answers
9 Consultations

5.0 on 5.0

1. Yes you can present evidence during cross examination of respondent and exhibit them in cross examination as defence evidence.

2. You can also make application for tendering additional evidence before court. 

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

file an application request court to take it on record.

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
31 Consultations

4.5 on 5.0

It may be filed as document in the court whereas you would not have asked for the certified copy of the documents.

Hence you were supplied with the court proceedings alone.

You may ask your advocate about the fate of the document you had submitted 

Without knowing what has happened in this regard, no opinion can be rendered.

You ascertain the facts from your advocate and revert with yor questions for clarification and further opinion.

 

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

You can again file the same by bringing the same in courts notice

Prashant Nayak
Advocate, Mumbai
24930 Answers
58 Consultations

4.4 on 5.0

Hi

You can file an application additional evidence at this stage.

File it and present the document you want to.

Thanks

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Filed two petitions

  1. For re-open the evidence under Order 18 rule 17 CPC and
  2. For accepting new document in evidence (which is misplaced or could not produce in time) under Order 7 rule14 (3A)

If the petition is allowed then file the additional proof affidavit.

All the above things are known to your lawyer.

Ajay N S
Advocate, Ernakulam
3948 Answers
84 Consultations

5.0 on 5.0

Yes you may. But you have to give reasons for not introducing this evidence at the start of the case. It must be proved that it is important for the final disposal of the matter.

Rahul Mishra
Advocate, Lucknow
13220 Answers
48 Consultations

5.0 on 5.0

It means that you did file but it is not on record due to inadvertence. That would not be a problem.

Rahul Mishra
Advocate, Lucknow
13220 Answers
48 Consultations

5.0 on 5.0

Dear Sir,

Rule 27(1)(b) empowers the court to admit additional evidence in the appellate stage for any other substantial cause which the court may deem fit.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1. There is no provision of leading additional evidence during cross examination.You have misunderstood the concept of additional evidence and cross examination.

2. If you want to lead further evidence then file an application to bring the document on record.

Ashish Davessar
Advocate, Jaipur
30752 Answers
923 Consultations

5.0 on 5.0

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