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Dipak Mondal   24 February 2019

Can a non registered undertaking be accepted as an evidence

Dear All,

I am fighting a consumer case. During the couse of the case OP has sumitted a fabricated undertaking to support his claim.

Now, this alleged undertaking has only my signature and the signature of my husband as witness. Needless to say that bothe the signatures along with the undertaking are fabricated.

This undertaking in not even notorized, no signature on any advocate or other witnesses. Not registered.

Since this propertyin question in this case is valed at more than Rs. 10 lacs.As per the registration act 1908: 

     If made or signed by me, then said undertaking was required to be registered within four months under section 17 & 23 of the        Registration Act, 1908.

Under section 49 of the Registration Act, 1908 no document which was required to be registered “be received as evidence of any transaction affecting such property or conferring such power, unless it has been registered:”

Kindly inform how can I challange this udertaking in the consumer forum, apart from forensic test and signature test by experts as per the Indian Evidence Act, 1872?

 

Thanks in advance to all.

 

 



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