Instead of making mention in cross examination, file an application for leave to produce document under Order 7 Rule 14 and also seek permission to reopen your chief examination.
Further evidence during Cross Examination
I am the Claimant in an Arbitration Proceeding. I have filed my claim and thereafter filed my Examination in Chief. A date has been fixed for the Respondents to Cross Examine me. Meanwhile, i have come across some documents which i could not produce to the Arbitrator along with my Statement of Claim and Examination in Chief. This document is very vital and has a bearing on the outcome of the case. What do i do. Do i file an Application under Order 7, Rule 14 before the commencment of my Cross Examination or do i mention during the cross examination that i need time for further evidence and that i would be filing an application under Order 7, Rule 14.
Asked 2 years ago in Business Law
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You make an application that you be permitted to amend your statement t of claim as you need to bring additional facts on record and produce certain additional documents
after considering objections of respondents arbitrator may permit you to amend statement of claim and file supplementary affidavit
The cross Examination is fixed for 8th October. The Cross Examination is at Hyderabad. Do i file the Application on that day before the Arbitrator. The Respondent may refuse to cross examine me and may seek adjournment. parties are coming to Hyderabad from Delhi and other places.
Asked 2 years ago
File application on that day before arbitrator
arbitrator will grant time to respondents to file reply
no cross examination would be done on that date
submit the application on the date of next hearing, it is in your interest if he seeks adjournment, you will get sufficient time. Better to engage local advocate.
Once you have been cross examined then you may have to file a petition seeking to reopen and recall you for additional evidence.
You can file additional documents at any stage of the proceedings with the leave of the court, but you have to show cause to the satisfaction of the court for the delay in filing the documents at an earlier stage.
production of additional evidence under Order 7 Rule 14 after closure of evidence is permissible for just decision of case.
Reference is made to a judgment of Hon'ble the Supreme Court of India in Kapil Kumar Sharma v. Lalit Kumar Sharma, (2013) 14 SCC 612 wherein an application under Order 7 Rule 14 for filing additional documents was dismissed by the Single Judge and the said order was upheld by the Division Bench on the ground that the matters were ready for hearing and were at the stage of cross-examination and accordingly such prayer could not be granted. Hon'ble the Supreme Court of India allowed the appeal against the said orders by holding that there is no reason for debarring the appellant from filing additional documents as the cross-examination has not yet commenced.
You can file an application on the next date of hearing under the said provisions of law seeking to permit you to produce additional documents with the reasons for the delay thereon. The arbitrator may direct the respondent to file his counter or objection and after the arbitrator is satisfied with the reasons he may decide about allowing you to be re-examine you to mark the additional documents as your side exhibits.
Dear client, a document can be submitted before the Court at any state of the proceedings however A party cannot be allowed to put on record the additional document in answer to question put forward by the opposite party counsel, during the course of cross examination until and unless it is shown that the documents were not in the power and possession of the witness.
It is advisable to proceed under order 7 rule 14.
you will have to file an application to amend your statement of claim to make a pleading regarding the document which you could not mention in your statement of claim as originally filed
if that amendment application is allowed then the other side will get an opportunity to file an additional WS
You can then file an Additional Evidence Affidavit to cover your case in respect of that document
in the meanwhile your cross examination on your evidence affidavit as originally filed can go on
if you say that your cross should commence after your above amendment application is decided, then the other side may allege that you are attempting to delay the matter
normally any amendment application has to be filed prior to framing of issues and commencement of trial
you can file an amendment application even after that provided you can show to the court that despite due diligence you could not find that document which you wish to now rely on and which has a bearing on the matter
even otherwise the provisions of the civil procedure code are not strictly applicable to arbitration proceedings
Yes you can file the same before arbitrator
Notice of your application under O-7 R-14 needs to be served on the Respondent together with a copy of the application in advance so that on the date of hearing the other side cannot say they are not prepared, and seek an adjournment.
Either you can file the document as an additional document by filling a relevant application or you can bring up the document during cross examination and produce the document as an exhibit. To fir the additional document and avoid unnecessary adjournment you can serve the document to the opposite party in advance over email.
