(Meaning, Differences, Purpose & Practical Tips)
1. What Are Exhibits in Civil Cases?
Exhibits are documents or material evidence relied upon during the trial, formally admitted by the court and given exhibit numbers.
Examples of Exhibits
- Sale deed
- Agreement to sell
- Photographs
- Receipts
- Medical reports
- CCTV footage
- Expert reports
How Exhibits Are Marked?
- Plaintiff’s exhibits: Ex. PW-1/1, Ex. PW-1/2, etc.
- Defendant’s exhibits: Ex. DW-1/1, Ex. DW-1/2, etc.
Exhibits become part of evidence after they are proved and marked by the court.
2. What Are Annexures in Civil Pleadings?
Annexures are documents attached along with pleadings or applications, only to support or strengthen the written pleadings.
They are not evidence yet.
They are only attachments, not exhibits.
Examples of Annexures
- Copies of notices
- Copies of reply
- Email/Webpage printouts
- Ledger/statement copy
- Photographs (before admission)
- Any supporting document to show prima facie case
How Annexures Are Numbered?
- Annexure P-1, Annexure P-2 (for petitioners)
- Annexure R-1, Annexure R-2 (for respondents)
Annexures remain annexures until proved in court.
3. Key Difference Between Exhibit and Annexure
| Feature | Exhibits | Annexures |
|---|---|---|
| Stage | During evidence | During filing |
| Purpose | Used as evidence | Used as supporting documents |
| Court marking | Yes (Ex. PW/DW…) | No court marking |
| Admissibility | Evidence only after proof | Not evidence unless later proved |
| Given by | Court | Party |
| Legal effect | Strong – forms part of evidence | Limited – only supports pleadings |
4. When Do Annexures Become Exhibits?
An annexure becomes an exhibit only when:
✔ It is shown to witness during examination
✔ Opposite party is allowed to inspect
✔ Court admits it in evidence
✔ Court marks it as an exhibit
Until then, it is not evidence.
5. Practical Example
Situation:
A plaintiff files a suit for recovery of ₹5 lakh based on an agreement.
In the Plaint:
- Agreement copy (Annexure P-1)
- Legal notice copy (Annexure P-2)
- Postal receipt (Annexure P-3)
During Evidence:
When plaintiff (PW-1) comes for examination:
- The agreement is shown to PW-1 → marked as Ex. PW1/1
- Postal receipt → Ex. PW1/2
- Legal notice → Ex. PW1/3
Now all annexures become exhibits.
6. Why Are Exhibits Important?
✔ Court relies on exhibits only, not annexures
✔ Judgment is based on admitted evidence
✔ Exhibits help prove:
- Ownership
- Relationship
- Transactions
- Payments
- Injuries
- Loss, damage, breach
7. Why Are Annexures Important?
✔ Help court understand the case at filing stage
✔ Useful to support interim applications
✔ Guides court in granting temporary injunction or stay
✔ Shows prima facie case
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