Burden of proof?

This query is : Resolved 

17 June 2019

Hello resp.lawyers

if a dispute is regarding partnership of firm and the only proof presented by plaintiff is fabricated partnership deed with forged notary
Plaintiff is saying that, this partnership deed is real and notary is real
Defendant is saying partnership deed is not real and notary is forged
To prove that oath commissioner has to come as witness

Now , is it a burden of proof on plaintiff or defendant to call the oath commissioner as witness???

R.K Nanda (Expert)
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17 June 2019

Burden of proof is on defendant to prove said PD as forged.

Nikhil chaudhary (Querist)
17 June 2019

Ok sir, if the stage of calling witnesses is gone or suit is in evidence stage in a civil suit, then is there any way by submitting an application or taking permission from the high court to get one chance to call oath commissioner for witness?

Vijay Raj Mahajan (Expert)
18 June 2019

In evidence stage the defendant can summon the oath commissioner by moving application in the trial court itself no need to move High Court for this process.

Dr J C Vashista (Expert)
18 June 2019

The defendant must have taken it as a preliminary objection in his written statement, is it? If so, whether the Court has framed it as an issue? Otherwise, request the Court to make it as a preliminary issue to be decided before proceeding further. Let the plaintiff prove his document.
As a defendant you need not call/summon the notary public/ records of Registrar of Companies and/or any other witness(es) to prove that the subject "Partnership Deed" is forged, fabricated or original.
It would be advisable to consult a local prudent senior for better appreciation of facts/ records and guidance.
However, if you are located in Delhi and feel so, may contact me (on appointment) at:
Chamber No 647, lawyer's Chamber Block, Dwarka Courts complex, Sector 10, Dwarka, New Delhi-75 Cell # +91-98911-52939 email: majjagdish@yahoo.com

Nikhil chaudhary (Querist)
18 June 2019

Thank you, everyone, for your great advise

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