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partition suit

(Querist) 21 December 2010 This query is : Resolved 
Petitioner is not submitting documents of land purchase records even after order by judge in civil court.this way petitioners are trying to hide certain facts about land purchase which they claim to be one of the benificiary in the plot of land given as gift by my aunty. Aunty had given this plot of land as i was taking care for her well being till her death.

Therefore let me know whether it amounts to contempt of court or what action can be taken if petioner is not submitting the document asked by honourable judge for all the facts about land buying and sell.
adv. rajeev ( rajoo ) (Expert) 21 December 2010
It is good for you, when petitioner is failed to produce the documents inspite of the court order it shows that he has no such doucment. When he has claimed that he is the beneficiary then burden lies on him to prove it, failure to do so amounts that he has no case.
Y V Vishweshwar Rao (Expert) 21 December 2010
I agree with Mr Rajoo

The Petitioner field case against you claiming rights on the plot - not producing documents - it is fatal to the petitioner - you can simply say that petitioner not proved his case against you to claim the plot .
Kirti Kar Tripathi (Expert) 21 December 2010
i agree with experts, non production of document will give adverse inference against the party, which would be beneficial for you.
Advocate Bhartesh goyal (Expert) 21 December 2010
If a party to suit does not submit the document inspite of court order,the court can take/draw adverse inference against the party also such conduct of party makes his case weak.Non production of document inspite of court not amounts contempt of court.


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