Dear Sir, wanted guidance on the course of action for the flg.:
The plaintiff effecetd transaction vide chequs into the account of defendant in city A. Now he claims to be residing in city B (which he actually is) and that he handed over the cheques in person to defendant in city B. Basis this he has filed a recovery suit in city B. The intention is to harass the defendant who resides in city A. He has not produced/quoted any evidence for the same ( regarding the fact that the cheques were taken in person in city B) in the plaint.
Assuming that he does produce an evidence in the later stages:
1) Is oral evidence admissible in a civil matter of this kind or does it have to be in written?
2) Can the written evidence be on a plain paper or does it need to be a stamp paper?
(There was no such agreement either. Whatever the paintiff will produce will be forged)
3) On whom does the “burden” lie for proving/contesting the fact that the cheques were handed over/not handed over in the city B? The plaintiff or the defendant?
.i.e. since the plaintiff has alleged that the cheques were handed over in city B, is the onus on him to show evidence for the same?
