65b email evidence
S. S. Rathi
(Querist) 20 March 2016
This query is : Resolved
Sir
I want to file various emails in my evidence but its receive from different uses on my same email id at different time then whether i will submit only one affidavit u/s 65b for all emails OR file separate affidavits for different emails
pls guide
Adv. Yogen Kakade
(Expert) 21 March 2016
Your lawyer shall be the best person to guide you, as he knows the facts better.
Rajendra K Goyal
(Expert) 21 March 2016
Full case file and the documents need to be referred, discuss with your lawyer.
M V Gupta
(Expert) 21 March 2016
U can file all e mail copies with one affidavit. U will have to suitably certify the copies as copies taken from ur e mail box
S. S. Rathi
(Querist) 21 March 2016
Thank u very Much Gupta Sir
pls see & chekc this as im defendant PIP....
IN THE COURT OF ------ JUDGE, ---- AT ---
O. S. No. ---- of ----
Between
---------- Petitioner
And
------------- …Respondent (original plaintiff)
Affidavit under section 65B of evidence act
filed with list of documents
I, --- S/o -----, aged 37 years, R/o ------ do hereby solemnly affirm and state on oath as follows.
1. I state that I have a email account with email address ----@gmail.com with email service provider google.com
2. I state that I regularly send or received emails to/from ----(Plaintiff), its directors, employee or other responsible person having & using email account with -----.com
3. I also state that I regularly send emails to NSE or SEBI, its employee or other responsible person having & using email account with nse.co.in.com
4. I state that I have received an email from Karvy.com through its responsible person having & using email account with karvy.com
5. I state that I using the email account at gmail.com of google, personally authored email correspondence exchanges with the plaintiff.
6. I hereby produce hard copies of the emails which represent the issues discussed between me and plaintiff. The said emails are annexed hereto as serial no/exhibit "07, 11, 16, 17, 19, 20 & 21. I require consent to refer to and rely upon clear copies of the same at the time of hearing, if necessary.
7. I confirm that the contents of the hard copies of the emails are identical to the emails exchanged through the computer terminals operated by me. I further state and confirm that the contents of the hard copies of the emails.
8. Accordingly, I am making this present affidavit to certify that the hard copies of the emails annexed hereto as serial no/exhibit "07, 11, 16, 17, 19, 20 & 21 are "true copy" reproduction of the electronic record which was regularly fed into/transmitted through the email website gmail.com on my computer in the ordinary course of activities. I further state that at all times the computer terminals utilized by me were operating properly and there is no distortion in the accuracy of the contents of the hard copies of the emails.
9. The above affidavit, therefore, in the facts and circumstances of the case, is sufficient compliance of Section 65B of the Evidence Act.
Hence, it is prayed that this Honorable court may be pleased to receive hard copy of emails and exhibiting them, in the interest of justice.
DEPONENT
Advocate identify
S. S. Rathi
(Querist) 21 March 2016
since file WS i am not file any supporting documents now matter posted for my evidence i wants to file various documents so can its accepted with evidence affidavit as List of documents OR ....i can file separate petition u/o 18 Rule 4 to produce documents (What reasoning for delay..?)
pls guide
M V Gupta
(Expert) 24 March 2016
The affidavit above does not mention the reason why the copies of the e mail correspondence were not produced along with ur written statement as required by Or 8 Rule 1A of the CPC. In this connection please see Rule (3) 0r 8. Hence incorporate the reasons for not producing the copies along with the WS and also specifically seek leave of the court to produce the same now. U are also required to serve copies of ur application and affidavit and copies of the e mails on the plaintiff also.
