I filed money recovery suit against the debtor who is my relative.
1) debtor approached me for 3 Lacs loan on 28-May-14. I said it will take few days to arrange the money. He and his 2 sons executed the pronote dated 05-Jun-14 on 28-May-14 and left to their home city which is some 800kms away. On 05-Jun-14 his elder son who signed as witness came to my home city and gave me pronote, I sent the money via NEft transfer to debtor bank account.
I filed the case for this pronote in the court in my city and the above facts was not mentioned in the plaint, in the plaint "debtor and his 2 sons executed the pronote at my home city on 05-Jun-14"
debtor filed WS stating "debtor was in his home city on 05-Jun-14 and therefore the execution of pronote in plaintiff city is impossible and hence the suit is liable to be dismissed, 3 Lacs was to buy a land for plaintiff, plaintiff came on next day to debtor city to buy land, which did not materialized, so he returned cash to plaintiff"
Now debtor informed my another relative that he attended someone marriage on 05-Jun-14, he has marriage photos as evidence. He also withdrew 3 Lacs from his bank on 05-Jun-14. with these evidences he is going to dismiss the case. Can I now tell the truth to court? but the pronote was executed before sending the money? proof affidavit, marking of documents, my side evidence and cross completed
2) debtor borrowed money from me, entered the amount 1,10,000 & date and signed the pronote. but the contents of the pronote are left empty. he failed to return the money inspite of repeated demands. My lawyer asked me to fill the content and get some witness sign. I filled the dashes in the pronote "debtor name residing in xxx address have borrowed from so and so person, for x reason"
debtor signed the pronote in Jul 2015
2 years later, I filled the content in June of 2017 and filed the case
> this new Ink looks fresh
> the old ink in signature, date and amount has already merged with pronote
debtor filed written statement that ne never borrowed money from me.
if the pronote was sent to forensic department or Handwriting expert in early 2019, can they find that pronote content and witness sign was filled on a later date.
Filling contents and witness of pronote at a later date means forgery and pronote is invalid and the case will be dismissed?
