Rcs

Darius Engineer (Querist) 22 October 2017 This query is : Open
I've filed a RCS as a POA holder of my aunt who's old and physically fragile against a fraudster claiming that he has purchased her property in Vasai vide a forged Agreement for Sale. Can the court ask me to deposit with the court the original documents that I'm in possession of to prove my bonafides when I've already filed copies of the same as exhibits to the RCS. I requested the court to have the originals examined by a court personnel and return the same as I have serious apprehension that these documents can go missing from the court considering the devious conduct of the respondent during thee last few years. I am willing to produce the same during the trial and cross examination as and when required. The opposite advocate has objected to this and the judge is inclined towards his view point.

Darius Engineer

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Guest (Expert) 23 October 2017
I will explain the procedure then you will get grip
1) When you file Suit (R C S ) you submit documents which you rely in support of the case . At this stage only zerox is submitted
2) After written statement is submitted , Generally the matter is placed for Issue
3) Parties should give draft Issue to Court and then court Frame the issue
4) Next stage come submission of Examination in chief of Plaintiff there you need to mention in that affidavit documents which you rely in support of the case and here you need to submit original document
5) There is evidence act , according to it there is a classification of Primary evidence and secondary evidence. Golden rule is that primary evidence is submitted and it has more weitage than secondary evidence. Now original document will be considered as Primary evidence and it is better that is given in court and that document is exhibited (admitted as evidence in Hon.Court) because its weitage is more .
6) Now when original document is not there people submit certified copy of document from registar of assurance and even Index 2 .
7) At this stage there can be small argument in court by opp. side you should produce original document
8) Now this document which is marked as evidence and placed in brief remains there till judgement and even it is not removed after judgement for 6 months (Since they can do appeal in 1 month and with some delay condolence applicaito ) . If they do not do any appeal then you make applicaiton and ask for return of evidence submitted
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Now you are sceptical that your document will be lost , see people have belief that document is all and if original document is lost then you lose right it is wrong. To get more confidence go to registrar office where document was registered , get 2-3 copies of certified document and Index 2 also . So if anything happens the way you fear then you have document ready .

Some time criminal do such mischief too but remeber it is very great offense and at end you need not be afraid you have other certified copy and index 2 why worry .

Your worry is more than what is required because in every suit there are so many documentary evidence rather each suit most imp. document which is placed there is evidence only

Guest (Expert) 23 October 2017
This is the main reason the brief is given only to adv , and in person parties have to take permission of Hon. Court and people have to examine documents in front of court staff or judge. They know this evidence other side can take and run away and cause problem . If paper are missing and lost from brief I think court staff Clerk who is next to Judge is incharge of all documents in court and that clerk can also get suspended if actionis taken . So to save his job he will not take that risk . Any how every suit market value is lakhs and crores now a days

Rajendra K Goyal (Expert) 23 October 2017
You may submit original to the court and apply for certified copy of the document through your lawyer from copying section of the court.

Dr J C Vashista (Expert) 24 October 2017
In order to prove your case you will (compulsory) have to (no option) produce original documents at the time of admission and denial of documents which is before framing of issues and evidence by the parties wherein the plaintiff shall take precedence over defendant.

Dr J C Vashista (Expert) 24 October 2017
Just rely upon the advise and guidance of your lawyer without considering FREE ADVISE from some fake experts on this platform.

Dr J C Vashista (Expert) 24 October 2017
The impersonating expert have given false explanation qua civil procedure which is half-way due to lack of legal knowledge, I disagree.

Darius Engineer (Querist) 24 October 2017
Thank you Dr. Vashista. The issue is not about producing the documents. The issues have also been framed and the examination in chief is also completed but now the defendants advocate insists that the original documents should be deposited in the court. I am willing t produce these originals at the time of cross examination and whenever the court calls for the same during the trial. My objection is to depositing the originals with the court.

Rcs

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