Cma
trinadharao
(Querist) 25 March 2012
This query is : Resolved
Respected Sir,
I am trinadharao, advocate from visakhapatnam. in a promissory note case the plaintiff's flled suit for recovery of amount from the defendants. the said promissory note is a created one. the plaintiffs obtain the signatures of the defendants on non-judicial stamp papers(blank)for some other purpose. and white blank papers. and they created promissory note with the collution of scribe and attestors. I am the defendants counsel. I filed an IA under section 45 of the Indian evidence act before the trail court, that the document is scribed after obtaining the signatures of the defendants or not. that the defendants main contention is how the attempt was made by the scribe to adjust the hand writing is according to the space in the blank papers. the defendants agreed that the signatures are true. but they affixed their signatures on blank papers for some other purpose due to the relation ship between the plaintiffs.there is a vast variation between the first page and second page in fonts line spaces and some commissions and ommisions are occured in scribing.the honourable judge was pleased to dissmiss the IA i.e. sent for experts opinion.Please advice for further step of the defendants for appeale
ajay sethi
(Expert) 25 March 2012
was summary suit filed ? generally for promissory notes summary suit is filed .
has any summons for judfgement been filed by Plaintiffs?
if S/j is filed court may grant you conditional leave to defend on depositing promissory note amount in court .
your application for referrng docuemnt for expert opinion has been dismissed . what are the reasons mentioned in said order?
file an appeal against the order
SAINATH DEVALLA
(Expert) 25 March 2012
Dear Trinadha Rao,
As a defence council,you should have been more alert.The defendents should have denied that they had not signed any kind of documents.Once you admit having signed some papers,it becomes stale in defence.Please file summons for judgement immediately and go for an appeal against the order as suggested by Ajayji.
trinadharao
(Querist) 25 March 2012
Respected Ajay Sethi Garu,
I am rewrite the order conclusive paragraph.
" As seen from the pleading of the petitioner/defendants, they are not denying their signatures on EX-A.1. The contention of the petitioners is that those blank stamp paper and white papers were filled up subsequently and that the expert would decipher whether it was filled up subsequently or not. The question whether blank stampers and white papers given to the respondent/defendant is the first aspect to be considered by the court. on proof the court will appriciate the circumstances as to using stamp and blank paper for manipulation of promissory note. These are all with respect to appriciation of evidence basing on the evidence. No purpose would be served by sending these documents to the expert more particularly to konw the age of ink of which the expert could not give their opinion after introduction of ball point pens etc... in any view of the matter i did not find any merits in the petition, in the result, the petition is dismissed."
trinadharao
(Querist) 25 March 2012
Respected Sainadh Devalla garu,
Thank you for your valuable suggession, and Sri Ajayji for his valuable suggession.
Raj Kumar Makkad
(Expert) 25 March 2012
After going through the contents of the order, I find no merit in your petition. You have not narrated the facts as have been described by court in its order. If the contents of the order do not match with your petition and the same is a perverse then you have a right to go for a revision as the same is an interim application. No appeal lies against this order.
trinadharao
(Querist) 25 March 2012
Respected Raj Kumar garu,
I had argued at the time of enquiry and specifically narrated how the plaintiff created the promissory note
1. the document is scribed in 2 pages
2. on the first page the attestors signatures also affixed.
3. on the exact top of the signatures of the defendants the scribing line is discontinued.
4. the style and fonts of the letters increase on the 2nd page comparitively
5. the line spaces also different on the 2nd page.
6. generally the promissory note or any other agreement which concludes that the the document is written on consent and acceptance. this document is also concludes in the same way.
7. but in this document is concluded as the interest is payable monthly to the plaintiff.
8. the main reason is that the blank papers with signatures of the defendants used by the plaintiff with molified intention and converted in to promissory note. the scribe and the plaintiff failed to fill the gaps according to the space provided in the frame of the paper.
9. that the last sentence is added only for the filling the gap between the signatures of the defendants.
the last sentence about the monthly repamant decision is not mentioned in the legal notice and plaint.
10. the scribe (PW-2) in his deposotion admitted that in writing he never leave the line in middle.
11. the scribe admitted that if any document scribed by him in more than one page the attostars signatures are taken in the last page,
i have clearly mentioned the above facts and reasons before the court and the court has also satisfied the reasons and dismiss the IA. Sir,
please give your valuable suggession.
trinadharao
(Querist) 26 March 2012
Respected all of you sir,
thanks for the valuable suggessions given by Sarwasri Ajay Sethi,
Sarvasri Sainadh Devalla,
Sarwasri Raj kumar Makkad,
for their participation.
