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Sandesh (Others)     21 August 2024

Civil case money recovery

Hi, I have filed a civil case for recovery of money. I am fighting as a party in person. This is not a consumer court case. I have below questions with respect to evidence stage. I have below two questions with respect to that

1. Against the opposite party, few reviews have been given on Justdial website of the their product by other buyers as well. Those reviews are helping my case. But I do not have contact number of those people.  I have already submitted the printout of the reviews when submitting the suit. Now evidence stage will be happening in next couple of months.  I have already drafted the 65b certificate of the justdial reviews and will be submitting that. But my question is - Is it possible to call/summon those people who have given those Reviews on JustDial? I do not have their contact number. I think Only justDial can provide the details of those people. 
So should I be sending notice to get the contact number of people to JustDial first and once contact numbers are received , then file another application in court to summon those witnesses? Under which section and act under CPC or evidence act I should be sending notice to Justdial and then to the witnesses?  which application do I need to submit in the court for this?
2. How I can prove the Payment done for the product in court? I have already submitted the print out of the account statement of transaction in the court and opposite party has denied it. I have heard from others that it needs to be proved according to banker's book evidence act. Can anyone tell me the process to do that during evidence stage please?  Do I need to send summons to bank manager to issue statement of account during that period?  Which Application do I need to file in the court to get the account statement as per bankers book evidence act?



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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     22 August 2024

If you have already filed a money recovery suit and it is going on then you canot being in new evidences especially which are irrelevant to the case, the proposed acts may not  be entertained by court 


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