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Points of Argument

(Querist) 05 March 2009 This query is : Resolved 
Hello Respected Members
Nice meeting u
Our Problem how to argue? V r Plaintiff
Matter is of Money recovery Suit in the court of Asst.Civil Judge (I)
The Plaintiff filed his affidavit with all 25 documents and 10 documents r zerox(coz these original documents were sent to the defendants at the time of correspondence)The Hon’ble Judge asked to submit the application for the documents are to be exhibited. Now said application is fix for hearing. The Defendants may take objections.
So please spare sm time for us n dictate sm points of argument.
Shashikant V. Patil (Expert) 06 March 2009
Dear Rekha,
Your suit is recovery of money. In that you have not mentioned the status of Defendant wheather person or a bank etc. Any way, you mentioned that there were 25 documents concerned filed in the court and out of that 10 documents original you have sent to Defendant by which mode i;e; post, courier? Is there is any receipt of these document obtained by Def. Now the matter is on hearing therefore you can submit the affidavit to the court that, you have handed over these document to Def then how can objection will noted by the honourable court. The objection will be suspend and case will proceed further.
PALNITKAR V.V. (Expert) 06 March 2009
Objections can be taken on certain grounds e.g. the documents are not original or certified copies or that the author of the document is not examined or that the document is not properly stamped if it requires stamp, or that it is not registered if it requires registration. so it is not possible to give arguments unless we know the nature of the documents.
Srinivas.B.S.S.T (Expert) 07 March 2009
right said Palnitkar Sir. But Ms/Mrs Rekhaji if you have sent those document to the Defendants you can either file the office copy along with the proof of service or you can file a petition under order 12 rule 8 of CPC seeking the Defendants to cause produce the documents in their custody and possession.
I do agree with Mr. Planitkar & Mr. Srinivas.

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