Seek adjournment on 20 th February
2) take plea that original documents arson Urdu language and you need time for English translation of documents
Submission of document after admission and denial stage
Hi, My mother is one of the many defendants in a suit for partition and declaration in Delhi High Court that has been filed in 2014 against many properties. However my mother is concerned with just one property (an ancestral land). We have filed an application under Rule 10 of CPC for deletion of my mother's name from the case as well as deletion of that specific property. That application is listed for arguments in court for 20 Feb 2020 but before that there is another court date in the same case for admission and denial of documents before Joint Registrar on 5 Feb 2020. Now we have the original sale deed for the property and would like to submit that to the court but the sale deed is in Urdu and would have to be translated in English. We are thinking that in case our Rule 10 application succeeds there would be no need for us to submit the sale deed and thus save the expenses and effort that would go in translating it. My questions are: If we don't submit the document (sale deed) at the stage of admission and denial - would we able to submit it at a later stage (before framing of issues) or would the court ask us why we didn't submit the document earlier and in absence of a strong reason forbid us in submitting it later?
Asked 4 years ago in Property Law
Religion: Hindu
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14 Answers
See it is better even if the application is on hearing you should submit the documents further translation won't cost you much you can get it translated and can submit same.
Alternatively it is best that you can seek adjournment on this date before registrar on giving reason of translation and seek date after the date of hearing of application.
If you have not pleaded about this document in your written statement nor you have made any attempt to produce this document as an additional document at this stage, then you may stand losing the opportunity at a later stage.
Even an appeal before high court may not be entertained if you fail to convince the court about yor failure to produce the same at an appropriate time or made a pleading about it in your defence.
The fate of the petition fined by under order 10 of CPC has not been decided by court yet hence your over confidence may even prove fatal to your own case, hence do not take any decision in haste
If you don't submit you can have adverse inference against your self for the same
Can request of adjournment and can submit on later date. Official translator available in Delhi HC, will do it. Since sale deed is in URDU, Translation will be recurring need. So get it translated and keep as many notorise copies with you.
If registrar rejected your request to submit on later date, than in future you may face problem to bring sale deed on record.
You can request with reason of the adjournment to the court by written format by way of affidavit along with application..
Thanks for your valuable responses. I discussed with my lawyer - he insists that we can file additional document (sale deed in our case) even after the stage of "admission and denial of documents" as long as we do that before the date of framing of issues. And as framing of issues would only take place on a date after our application for Rule 10 is decided on 20 Feb 2020, so there is no problem if we don't submit the document on "admissions/denial" stage. He provided us the following link of Delhi High Court 2019 Judgment: Once issues have been framed, the Court, under Order XV Rule 3 of the CPC, has to consider whether existing undisputed evidence in the form of documents available on the record is sufficient to determine such issues and if not, to give an opportunity to the parties for production of evidence as may be necessary for decision upon such issues. https://www.latestlaws.com/latest-news/high-court-explains-how-to-frame-issues-in-civil-suits/ Is he right? Can documents be filed before framing of issues and after admission/denial?
Asked 4 years ago
1) you have to make application fir taking additional documents on record
2) explain why sale deed was not filed earlier
3) better option would be to take adjournment and then file said documents on next date
Documents were in possession and knowledge of party and not submitted cannot be permitted to submit later so easily. Cost may impose and better take adjournment on next date.
Rule 1 Order XIII of Code of Civil Procedure 1908 "Documentary evidence to be produced at or before the settlement of issues"
(1) The parties or their pleaders shall produce, 67[at or before the settlement of issues], all the documentary evidence of every description in their possession or power, on which they intend to rely, and which has not already been filed in Court, and all documents which the Court has ordered to be produced.
(2) The Court shall receive the documents so produced : Provided that they are accompanied by an accurate list thereof.
Rule 2 Order XIII of Code of Civil Procedure 1908 "Effect of non-production of documents"
(1) No documentary evidence in the possession or power of any party which should have been, but has not been produced in accordance with the requirements of rule 1 shall be received at any subsequent stage of the proceedings unless good cause is shown to the satisfaction of the Court for the non-production thereof; and the Court receiving any such evidence shall record the reasons for so doing.
According to Order 13 Rule 3 CPC the Court may at any stage of the suit, reject any document which it considers irrelevant or otherwise inadmissible, recording the grounds for such rejection. Order 13 Rule 4 CPC prescribes the endorsement to be made on the document when a document is admitted in evidence. According to it, there shall be an endorsement on every document which has been admitted in evidence containing number and title of the suit, the name of the person producing the document, the date on which it was produced and a statement of its having been so admitted and the endorsement shall be signed or initialled by the Judge.
Thus you may produce the documents under Order XIII rule 1 and 2.
As per Rule, 2 unless good cause is shown to the satisfaction of the Court for non- production of a particular document, the party cannot be permitted to file any document at a later date .
See he is right with permission of court additional necessary evidence can be filed though to save all that effort seeking permission and again filing evidence the simplest thing to do would be seek a date on ground of translation and a longer time can be prayed.
If you are relying on that documents before framing of issues and seeking interim relief/opposing relief if any in the same before framing of issues. You need to file the same before court before issues are framed. Else you can submit in later during evidence stage also
1. In this scenario you may seek adjournment on the next date of hearing and then file an application to bring the sale deed on record.
2. The application must state why the sale deed could not be filed earlier.
1. Yes you can submit the documents at later stage.
2. You can give reason that documents were old and misplaced by you and you just find out the documents. Or you can just ask your Advocate to take another date for submission of documents.
