Guest
(Querist) 28 May 2014
This query is : Resolved
Dear Sirs,
I am appearing on behalf of the plaintiff company. The defendant has raised objection as to the genuineness of the company director. I have the DIN and other proofs, including the Board Resolution copy to prove that the Director is genuine and authorised to represent the company.
I just like to know under which Order and Rule of the CPC I need to file the petition which shall conclusively prove the directorship of the company?
Devajyoti Barman
(Expert) 29 May 2014
You do not need to file any petition to prove your genuineness now. The defendant must have raised this objection in his pleading.'If that is so then during trial and at the time of your evidence you produce those proofs.
Rajendra K Goyal
(Expert) 29 May 2014
Give the proofs during trial at the time of your evidence. Agree with the expert.
Raj Kumar Makkad
(Expert) 29 May 2014
Who so ever asserts, must prove. Your opponent is raising the objection so let him prove. You need not get the onus shiefted. The proof, you told in the query are sufficient on your side.
T. Kalaiselvan, Advocate
(Expert) 31 May 2014
Since you have already produced a copy of the resolution of the company confirming the director of his status, let the defendant disprove it, watch what plea he takes to counter your claim and tackle the issue accordingly.
Guest
(Querist) 02 June 2014
Thank you Sirs.
I have understood that this is a point that relates to evidence and hence cannot be found in the CPC, 1908.
Raj Kumar Makkad
(Expert) 02 June 2014
Most welcome from your side Jahangir.
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