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Shantanu Wavhal (Worker)     15 December 2012

Proving a document in court :

proving a document in court :

the document is registered one at sub-registrar office.

my opponant admitted in his cross exam that the document is registered one.

now,

1) is it necessary to prove the document furthermore? How ? what would be the requirements ?

2) do i need to call the people who signed as witness of the document to the court to depose under oath that they were actually present during the execution of the document ?




Learning

 7 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     15 December 2012

Dear Amit

1. if the opposite party admit that this document is registered no need to prove.

 

58. Facts admitted need not be proved -

 

No fact need be proved in any proceeding, which the parties thereto or their agents agree to admit at the hearing, or which, before the hearing, they agree to admit by any writing under their hands or which by any rule of pleading in force at the time they are deemed to have admitted by their pleadings;

 

Provided that the Court may, in its discretion, require the facts admitted to be proved otherwise than by such admission.

 

2. yes, you have right to call the witnesses of the documents.

 

64. Proof of documents by primary evidence -

 

Documents must be proved by primary evidence except in the cases hereinafter mentioned.

 

Feel Free to Call

1 Like

Shantilal Pandya ( Advocate)     16 December 2012

If the document has not been admited to have been signed by the executent there of  ,it has to be proved  in the manner for proving such document , admission of a fact that the document is registered one, in no admission of the execution of the document.

for proving the document a person in presence of whom the executent singed the document has to be examined to vouch for the facts,in case where  examination of the documnent  through the attesting witness is mandatory , atleast one of the attesting witness if he is alive should be examined  as the  attesting witness.

1 Like

Shantanu Wavhal (Worker)     16 December 2012

thanx Shantilal Pandya ji.

i m enlightened !!

rajiv_lodha (zz)     16 December 2012

A related query from me also, thats why i continued in this thread:

I submitted application to DCP about the threats I received from inlaws 4 yrs ago. Unfortunately things cud nt improve & I filed divorce on cruelty grounds......made this xerox as EXHIBIT NO. 4, Now the original cant be retrieved from police. This is self written letter from me to DCP, its DD No is also written in the photocopy and it stands as exhibit too along my affidavit. Does this self written document hold weight even when I am unable to produce the original one?

Shantilal Pandya ( Advocate)     18 December 2012

Admission in ones own favor is no evidence against the other , in your case even zerox copy of your hand written complaint can be exhibited and proved to show that you have submitted the complaint of  the nature as stated in complaint  ,but it will not prove the truth of the facts stated therein ,that too, if you can satisfactoritly prove that the orginal is not in your possession or power  and might have been lost.

2 Like

rajiv_lodha (zz)     18 December 2012

Thanx

Does passing the stage of "exhibit" numbers assigned (without objection by the opposite lawyer) be looked as some favorable step for me while fighting divorce case?

In the worse scenerio, some of my docuents wud not have been made EXHIBITS so easily?

Shantilal Pandya ( Advocate)     18 June 2013

Exhibition of a document  without objection can go a long way ,however  mere marking of a document as an exhibit does not dispense with the proof of the contents of the document 


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