• Defendant Party not Proving Related Documents

My friend is in litigation with one of the organization where in the guy was forced out (by forced resignation) from the organization. Later on, the organization claimed (and circulated a flyer among the remaining employees internally) about nasty practices by my friend, as the reason for his forced removal. My friend started the communication with the organization and later CEO claimed (in mail) that investigation was done by the Internal Fraud committee discreetly and you were found culprit. My friend got into litigation on the demeaning nature of the removal (before giving any chance for presenting himself) and just before the plaintiff evidence, asked for the specified documents from the defendant party. Almost 18 appearing have happened but there is not a single document retrieved from the defendant party as this is considered to be a case property. My friend asked his lawyer to give due representation to honorable judge about excessive time lapse on this which his lawyer is reluctant. What are the options available with my friend now
- Put a self prayer to honorable court 
- Start Plaintiff evidences without these documents
- Any other option/s
- What should be exact process and/or any link to reference cases
Asked 4 years ago in Labour

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10 Answers

there is remedy for every problem under law. A party has to invoke a proper remedy. You need to submit an application for production of documents by employer giving list of documents with details as to dates and description of documents. If  employer refuses to produce the documents he cannot use the documents sought against you. It will establish the conduct of employer and court will draw adverse inference against him.


An application for production can be filed under Order XI Rule 1 of Civil Procedure Code, 1908

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

- As per law, an employer can terminate its employee , if found guilty of willful insubordination or disobedience; theft, fraud, or dishonesty; willful damage to or loss of employer’s goods; partaking of bribes or any illegal gratification; absence without leave for more than 10 days; habitual late attendance; disorderly behavior during working hours; or habitual negligence of work.

- Further, an employer cannot terminate an employee without giving the employee at least 30 days of notice or a salary in lieu of such notice. 

- Further, as per the Industrial Disputes Act, any such employee who has been employed for greater than a year can only be terminated after permission is granted by a suitable government office. Additionally, an employer must provide valid reason for termination and pay a severance amount that is equivalent to 15 days’ average salary for each year of uninterrupted employment.

- Hence, the said company cannot terminate your friend without giving him time for explanation .

- Your friend can send a legal notice for the same and thereby ask compensation from the company. 

- Further, if there is any case against him then a copy of the compliant /petition with the whole documents should  be delivered  to the other party legally. 

- If not received then your friend should move an application before the court for passing an order for the same. 

- Without getting the complete documents attached with the petition he should not proceed for evidence. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

When you have lawyer to appear on your behalf you cannot make application on your own 

 

2) you should start with your evidence and woukd be cross examined by defendant 

Ajay Sethi
Advocate, Mumbai
99851 Answers
8148 Consultations

it is not advisable to appear in person 

 

you can change your lawyer if you so desire 

 

court can draw adverse inference if defendant fails to produce documents 

Ajay Sethi
Advocate, Mumbai
99851 Answers
8148 Consultations

Dear Client, 

Yes, the management can be questioned before the court for defiance of court orders. Secondly, the plaintiff can defend his own case in a court of law. As the filing of vakalatnama is already done by your advocate, it is possible to submit prayer and take the case as the party wants following the procedural law. 

Thank you. 

Anik Miu
Advocate, Bangalore
11021 Answers
125 Consultations

- Yes, the plaintiff can himself pursue the case without having a formal degree of legal education . 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

  1. Reply to your third question, any person can fight his case in the Court there is no bar against a person fighting his own case. File an application under Section 32 of Advocates Act, 1962 seeking permission from court, you will get permission of Court.
  2. Management will not be called to Court but where defendant fails to produce documents sought by Court, the suit will be decree in favor of plaintiff.
  3. The will certainly guide you as you are appearing in person.

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

There's no necessity to insist on the documents to be produced by the defendant if he has not attached at least the photo copy of those documents which the defendant relies upon. 

If the defendant has filed the written statement then, once the court has framed the issues,  the plaintiff can proceed to begin the trial of the case. 

If the defendant has not filed the written statement then the plaintiff can put pressure on the court to serve the defendant exparte and pass judgment on the basis of plaintiff's evidence. 

If the lawyer is not cooperating or if his integrity is suspected,  you may abruptly change the lawyer instead suffering more due to the lawyer also. 

T Kalaiselvan
Advocate, Vellore
90055 Answers
2499 Consultations

1. If the defendant has not obeyed the court order then you can start contempt proceedings against the defendant. 

2. The plaintiff can terminate the services of his lawyer and request the court to permit him to appear as party in person to prosecute his case by himself. 

3. Yes,  he can. 

T Kalaiselvan
Advocate, Vellore
90055 Answers
2499 Consultations

1. Yes

2. Yes

3. Only his case he can file

Prashant Nayak
Advocate, Mumbai
34569 Answers
249 Consultations

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