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JAGADEESH GOVIND (ADVOCATE)     06 August 2008

privity of contract

Dear members,

 I would like to produce a licence deed in the court as an evidence. But I am not a party in the agreement. Pl advice whether I could produce it ? If the opposite party raise the contention that I am a third party and no locus standi to produce the agreement. How could I defend it ? Whether it is hit by the principle Privity of contract ?

Jagan



Learning

 4 Replies

Manish Singh (Advocate)     07 August 2008

you can definitely produce the license .go ahead

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     07 August 2008

Mr. Jagdeesh,


Where a person who is a necessary party to the suit, the case is one of non-joinder of parties. A suit should not be dismissed on the ground of non-joinder.Explained in Order 1.

KANDE VENKATESH GUPTA (ADVOCATE)     08 August 2008

Mr.Jagdeesh,


For proper appreciation, please furnish better particulars of the dispute., viz., (i)  whether you are the party to the suit, if so, whether you are the plaintiff or the defendant. (ii) The reliefs that are prayed in the suit, (iii) Whether your opposite party is the party to the agreement which you propose to produce, (iv) What is the relevancy of the document for the purpose of adjudication of the dispute.


But, however, I am of the opinion that, if you are in possession of the original document, you can certainly produce the said document and prove the same by examining any one of the person to the agreement i.e., parties to the agreement or the scribe etc.,   Unless the person connected to the document is examined before the court, it has no evidentiary value.  Mere production of the document in the court and mere marking of the document is not sufficient.


 


 

JAGADEESH GOVIND (ADVOCATE)     09 August 2008

Dear Sir,


I would like to thank the members who give valuable ideas.


In fact I am the defendant in the suit and suit is for inujnction.The palintiff is claiming that a particular road is public way.The corporation taking a neutral role by not confirming whether the road is a public or private.


The only evidence in my hand is a licence deed entered before 5 years  between the plaintiff and a neighbour.In the deed the plaitiff is admitted that the disputed pathway is a private road.But the licensor is not a party in the suit and I am holding only the copy of the deed.As the deed is detrimental to  prove my case,I have produced the copy and the lower court rejected the admission of tje deed as it is not produced by the party of the deed.Now the case is pending in District Court.


Moreover I had filed a petition to implede the licensor as addl.defendant.


Thanks and Regards,


Jagan


 


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