(Querist) 23 November 2021
This query is : Resolved
We have filed declaration suit. There was a simple Mortgage deed executed by plantiff in favour of defendant. We have given the certfied copy of the mortgage deed along with plaint. However, original is with defendant.
Defendant has denied the execution of mortgage and he is claiming the property is as his own. Revenue records were also changed to his name behind the back of platiff.
To produce the certified copy of mortgage deed as a secondary evidence and also to prove the execution of mortgage under section 68 of evidence act, under which order plaintiff need to give notice to defendant to produce documents is it under? 1) order 11 rule 16 or 2) order 12 rule 8