Section 73

armaan kapoor (Querist) 03 February 2016 This query is : Resolved
Stage : preliminary issue framed on the instance of defendants.

Application moved by plaintiff u/s 73 of evi act to compare the signature of deceased plaintiff with that on other court records.

The said document is disputed by the deceased plaintiff in criminal proceedings stating it bears his forged signatures.

Experts pls guide I appear for the defendants.

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ROHIT SHARMA (Expert) 03 February 2016
1. Well, the court may accede to such motion.
2. As a defendant's advocate you should seize the opportunity and bring end to the case as early as possible by having such preliminary issue be resolved.
3. Let the plaintiff bear the burden of proof.
4. As defendant analyze the issue that which can be insisted to be framed by the court as to have such bearing of the motion made by the plaintiff resolved as disproved.

Rajendra K Goyal (Expert) 04 February 2016
Agree with the advice from expert.

armaan kapoor (Querist) 04 February 2016
Thanks experts.

Raj Kumar Makkad (Expert) 06 February 2016
Who so ever asserts must prove so better the legal heirs of the plaintiff (since deceased) to prove that his signature are forged one. This is beneficial for your own case otherwise this was your onus to prove.

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