Cross examined documents
rani----------
(Querist) 17 September 2011
This query is : Resolved
My query is that some of the document which were important for the case, plaintiff were cross examined (2 plaintiff), when plaintiff were cross examined, defendants cross examined with such a document which doesn’t bear my signature that document were created by the, so during examination I deny those document because I am not the executants of the said document as it is not concerned with me, so plaintiff cross examination was concluded. now its defendants turn to be cross examined by plaintiffs, on the 1st day of cross examination defendants admits some document which bears his signatures, but after that day he started denying all the signatured documents (original + certified true copies) all documents concerning to defendants, all the original + certified documents were marked and exhibit on court records and the case is posted for final argument.
Question:-
1. Document not concerning plaintiff were put up in his cross examination in which he is not the executants of that document will this kind of documents be still be kept for record or it will go out of record as it is not concerning plaintiff.
2. Defendant signatured documents were denied by the defendants which are original and certified public document , wholly concerned with defendants as it is executed by them but they are denying execution also
3. Photocopied documents filled along with written statement now when we summoned the concerned authorities to produce original document in court , they say that the original documents are not traceable , photocopied document has defendant signature as photocopy , so will it be treated as secondary evidence , it is a kind of document in which a certified copy is only available to the executant of that document and not available to general public
ajay sethi
(Expert) 17 September 2011
in case defendant denies having signed those documents you will have to prove these are signed by defendant . you ought to examine handwriting expert . those doucments ought to be referred for his opinion .
similarly if you have denied executing certian documents defendant will have to prove those documents have been signed by you . the court may refer those documents to expert for his opinion
prabhakar singh
(Expert) 17 September 2011
i agree with Mr. Sethi's opinion.
Shastri J.K.
(Expert) 17 September 2011
I also agree with Mr. Sethi's opinion.
Raj Kumar Makkad
(Expert) 17 September 2011
1. Still these shall remain part of court record but these should not be relied upon as signed by plaintiff.
2. If those documents have been denied by defendant while his evidence on oath, it is the duty of the plaintiff to get those signature verified otherwise it may be presumed as documents no signed by the defendant. Application seeking additional evidence and comparison of signature may be made by plaintiff even at this stage in his rebuttal evidence for safer side.
3. You shall have to move an application leading secondary evidence as original documents are not available and you can even demand original documents from the defendant to show so that the documents annexed with written statement may be relied upon.
All this shall go against the defendant as he has failed to bring original documents or certified copies thereto
