Damayanti (Unemployed) 06 October 2012

Procedure to prove 'truth in contents' of a public document?

I Want to know procedure to prove the "truth in the contents" of document? (contents are proved)

I am not able to understand the concept specifically how to prove the truth?

Should I summon the creator of document to prove that truth in the contents?

Do I need to call anyone to give testimony?

In following cases to whom should I call for the same?

Wife has submitted 3 documents pertaining to husband.

1.One document is photocopy of his recent job change and salary increase.

2.One document is certified copy of nazar report.

3.One document is photocopy of certified copy of 'rojnama'.

Also Husband has submitted 1 documents.

4.husband has produced the photocopy of last year's tax return and bank passbook, In lieu of Court's order

Note: husband has not produced the original but the photocopy in response to court's order on 'notice to produce'.

Please help me understand it.

My understanding is based on somewhat similar/analogous example

'confession given by accused to a magistrate is receded somewhere other place than witness box, Does that reqire to prove the 'truth in the contents' of his statement of confession again?

Then why any other public document is necessitated to prove 'truth in the contents'? aren't we doubting UNNECESSARILY that public document may not be truthfully written?

Thanks

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2 Replies

Damayanti (Unemployed) 06 October 2012

Thank to Ajay Sethi Sir.

I have to give some more details that.

Now the case is transferred to wife's location... So technically there is no new suit as such.

It is not the husband who took objection, but it's the Court who has taken objection and just said 'and .... what about truth in the contents?'

I am absolutely clueless on it.

Husband has not raised objection, whatsoever, to any of the (husband's) documents filed by wife, although they are either

xeroxes, or

xeroxes of certified copy, or

certified copy.

I thank you for the answer that 'writer of document has to be examined'

For rojnama or nazar report who is to be treated as writer/creator of document? Am I supposed to call judge of earlier court or nazar incharge or bench clerk there?

Please advise

Thanks.

venkatesh Rao (Retired Government Servant) 31 October 2012

Public documents enjoy some status over other documents. They are normally accepted at its face value unless the other aprty refutes it. Sometimes, even the court is empowred to direct the party producing it to prove the contents.

But the thing is, the scribe need not always be summoned to speak of the contents. The lawful custodian of the original document is competent to speak to its contents.

Rojnama and Nazir's report can be proved by summoning the original and they are the judicial records. They speak themselves about the things happened and your purpose is to show the things have happened in such a manner.

Better put the things at least in brief detail.

Regards.