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RAGHUNATH G L (ASSISTANT MANAGER)     11 April 2019

Failed to register property after agreement

Sir,
My father inlaw tried for selling his property in Jan 2014 with buyer and done agreement by April 2014 they have to register by taking 10 lakh as advance.

They didn't register property with in time frame, there was notice issued from both sides and buyer fixed date he will come on last date of agreement day for registration.

On that day they didn't come, my father inlaw called buyer and his lawyer we are waiting near Subrigistrar office for registration. Both calls we're recorded and photos in front of Subregistrar office.

In October they filled case with so many defects and case in progress till date.

Above telephonic conversation and photos submitted to court 4 years back but our lawyer is no were mentioned about telephonic conversation in court till date.

in telephonic conversation it is clear that they didn't come to Subrigtrar office till 11 30.

In Afdivat submitted by buyer they say they were in Subrigistrar office from 10AM.

On raising this issue of telephonic conversation left out for not higliting to our lawyer now he asking we will submit freshly again.

Is it ok now for submitting call record even after submitting 4 years back(Mentioned as CD in Court).

We don't have mobile in which we recorded but it is in CD and Pendrive.

Please suggest how we can use telephonic conversation evidence in court.


Learning

 3 Replies

Dr J C Vashista (Advocate)     11 April 2019

What is the suit? Who have filed? What is the relief sought by plaintiff? What is the opinion and advise of the lawyer engaged by plaintiff, who is well aware about the facts of the case. Besides this s/he is an able, competent and intelligent enough to solve your query. However, if you are dissatified with your lawyer change him immediately.

SACHIN AGARWAL (ADVOCATE)     11 April 2019

You may amend this fact in your written statement. However, it should have been mentioned earlier but now you incorporate all this by making amendment in your written statement. 

G.L.N. Prasad (Retired employee.)     11 April 2019

The proper way is to reduce the notice in writing preferably issued through Advocate and give adequate time for avoiding such litigation.  Now as the suit is already pending, you can either use that conversation for cross-examining the defendant with permission of the court.  Let your advocate decide the issue as he may want to use it as a surprise element and taking care of your interest as your counsel.


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