Ramesh (student) 17 February 2016

Evidence

Dear EXPERT,

In my family court case applicant advocate shrewdly submitted photocopy of a document duly attested by some other advocate with stamp COMAPRED WITH ORIGINAL and he has put his sign which has no seal, stamp of advocate and also no date of attestation which was further notarized by some notary and there was also no date on it.

Since I was a layman and first time deposited in cross examination therefore not aware that I should not replied on photocopy and thus it was exhibited in court.

Since there was so many discrepancies as above and when I consulted my advocate how to discard the document he told that it has been admitted therefore we cannot apply for issuance of witness summons to appear both the advocate and notary before the court.

Please guide is there any way so that either the said advocate or notary may appear in court for deposition as why they have not adhered the well accepted norms of attestation by omitting the set up norms of attestation and it is not their misconduct to safe guard us in the case.

regards

Ramesh

Reply Follow

3 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 17 February 2016

No advocates are affirmation authority (STATE Authority) to issue such evidences hence you should challenge on the genuineness of such documentary evidences. You can make application u/s 91 of CrPC. The judge may summon them to bring them in the court. You can cross examine them. It will not be consider as an evidence unless it is properly cross examined. Burden to prove genuineness lies on other party. You just submit in the court that these are fake.

Please see my profile for sample petition and FAQs.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 17 February 2016

Section 91 crpc won't apply as the case is not a criminal case . The family courts act shall Govern the said issue . Move an appljcation u/s 30 cpc r/w section 165 evidence act and Call upon the court to produce those people as witnesses.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 18 February 2016

Originally posted by : Augustine Chatterjee
	Section 91 crpc won't apply as the case is not a criminal case . The family courts act shall Govern the said issue . Move an appljcation u/s 30 cpc r/w section 165 evidence act and Call upon the court to produce those people as witnesses.

@ Mr. Chatterjee,

You answer is really good and appreciable.

I just wish to add one thing that CrPC 91 (Judicial Proceedings) also applicable here under -

CHAPTER XIX MISCELLANEOUS PROCEEDINGS REQUIRING JUDICIAL INQUIRY. 337. (i) Under the head Miscellaneous Judicial Proceedings are included all proceedings are enquiries of a judicial nature which do not form part of the proceedings in a suit or darkhast or appeal pending before the Court.