Admisability of deposition of witness in another civil suit
Ravi Krishna
(Querist) 18 March 2017
This query is : Resolved
When the title of the plaintiff was in dispute with respect to ancestral property before additional senior civil judge court, The Witness on behalf of Plaintiff, Deposed before the court and admitted that he issued House tax & Property tax receipts and the signature mentioned in that receipts belonged to him. Plaintiff got the suit decreed in his favour proving the posssession against Defendants of that suit. After Some period, Another suit was filed by plaintiff for declaration of title over the same schedule property when property was sold by some other parties under fraudulent sale deed. The issue is Plaintiff produced property tax receipts once again before the same court in the current suit against the existing defendants(these defendants are not parties of earlier suit)saying that he paid property taxes over suit property and produced Deposition of Witness pertaining to earlier suit since the said witness died because of age. Whether said deposition can be marked as exhibit to prove the possession over the property and to substantiate the property tax receipts. Because property tax receipts have to be confirmed by the witness in the court. If So under what section of Evidence Act, Deposition of witness can be Marked as exhibit.Now court objects the deposition to be marked as exhibit saying that parties in the current suit are different even though issue is one and same with respect to title & possession . Please Advise
Sudhir Kumar, Advocate
(Expert) 18 March 2017
If it is a fresh suit then the opposite party has to be given opportunity of cross examination of witness.
However the finding of one court (based on whatever evidence) if not challenged and reversed, is conclusive and the facts proved therein are binding in all other cases before all courts.
Rajendra K Goyal
(Expert) 18 March 2017
Findings of any court are conclusive till challenged and reversed by higher court.
Ravi Krishna
(Querist) 19 March 2017
Dear Sir,
The witness who deposed in earlier suit on behalf of plaintiff, was president of Village he issued the property tax receipts in official capacity, But he expired long back. The plaintiff in earlier suit substantiated the house tax receipts by calling that witness. The existing defendants are land grabbers and are not parties to the earlier suit and they are not even known to the plaintiff at all till he files a suit.In fact the suit was set exparte and ordered for plaintiffs evidence.When witness of earlier suit died, the contents of deposition with respect to admissibility of House tax and property tax can be recognized by marking the deposition of earlier suit witness. Is it not?. How can a witness be examined if he is no more with respect to the receiptals of property certificates.? How can plaintiff prove the possession without the evidence of witness who is no more?
Dr J C Vashista
(Expert) 20 March 2017
Property or House tax receipt do not support title of the plaintiff.
Village surpanch may verify the house property but not ownership/title.
Second/subsequent suit shall attract provisions of Order II Rule 2 of the Code of Civil Procedure, 1908.
