It is not going to make any difference as additional documents and additional affidavit has been taken on record
MC marking of documents
MC case filed in 2019, as a respondent my documents have been marked in Jan 2025 and cross examination done back in March 2025. Subsequently, during additional evidence phase, recalled, filed an additional chief and additional documents and now these were marked as RW8 TO RW19 documents. But, during the marking, the heading said party in person although instead of legal counsel although I have legal counsel.
Asked 4 months ago in Family Law
Religion: Hindu
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7 Answers
Yes if the documents are exhibited it will be marked. The recording about inperson can be corrected
If your additional documents (RW8 to RW19) were marked as filed by "party in person" when you actually have a legal counsel representing you, this is a clerical error and not a major issue. You can file a simple application or make an oral request before the concerned Court to correct the record so that the marker reflects your legal representation, not party-in-person. The Court will usually permit this correction.
Steps:
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Ask your advocate to file a memo/application to correct the record.
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State that the marking was done under "party in person" by mistake, and that you are represented by counsel.
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The Court will order the correction in the record.
Conclusion:
This is a minor, easily rectifiable issue and will not affect your case's merits or proceedings.
The mention that 'party in person' maybe an oversight mistake.
Since the witness has been recalled, permitted to adduce additional evidence and some additional documents were marked as exhibits, there is nothing to be concerned about i. However you can inform the court clerk about this mistake and request him to make corrections in the witness deposition.
You are appearing through counsel but record marking documents shows you as party in person. You can bring this to the notice of Court and get it correct as it is clerical error. But it will not make much difference on merit of case.
The mention of "Party in Person" instead of your counsel during document marking appears to be a clerical error. Since you are represented by a legal counsel, you can request the court to correct the record by filing a simple application pointing out the mistake, so that the proceedings accurately reflect your representation.
Dear Client,
- the heading states “party in person” instead of legal counsel although I have legal counsel. What to do?
This seems like a typographical error. Errors of this nature will not have any detrimental effect on you legal interests with reference to the proceedings at hand. However, it is recommendable to rectify the error, so that no confusions arise in the future proceedings. This can done by filing an application under section 151 of CPC for correction.
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