Clarification on withdrawal of documents by defendant before judgment

658 votes

For withdrawing the documents, one need to take the permission of the court. at the stage of judgement, court doesn`t allow you to withdraw the documents. If the court has allowed, then the court must have prescribed after time limit to file them again . Judge cannot give decision without referring or looking at the original documents.

Advocate Siddharth Singh LawRato

832 votes

First, i will thank u to approach me for your query. In civil case, The Plaintiff has to proved his case and Defendant has to defend his case or counter it through his evidences. The moment either the plaintiff or defendant filed his evidences through affidavit and same be taken on record, the said documents/ affidavit can not be withdrawn. There is no provision in CPC in this regard. The said is not connected with passing of judgment by court. The Ld. court is always free to pass its judgment on the basis of pleading and evidences on record as placed by both parties on record before the Ld. Court.

LawRato LawRato