Can additional documents be submitted after issues have been framed.
Querist :
Anonymous
(Querist) 12 August 2011
This query is : Resolved
dear sir,
in my case for possession of property against my brother who has encroached on my property the issues have been framed.
i am told by my lawyer that no fresh documents cannot be permitted to be filed unless permission of the court.
he states that fresh documents can be filed during witnesses cross examnation.
kindly enlighten.
query 2.if a signature or handwriting on a
document is denied what recource does the court take for alternate proofs.
is it handwriting expert opinion or circumstancial evidence?
does a court have an empannelled handwriting experts and if so what is the aftermath of the handwriting expert opinion.
can it be questioned and if so what option does the court normmally take
thanks
vinay kala aug 12,11
Raj Kumar Makkad
(Expert) 12 August 2011
1. Documents are actually produced along-with statements of witnesses, however, those are shown at the time of framing of issues but this rule is only directory and not mandatory. So additional documents other than already shown can be produced and brought on file at the time of evidence without seeking prior permission of court.
2. Generally services of handwriting experts are taken in such matters and party disputing signature is bound to establish his version by way of expert opinion like handwriting expert. He can be very well cross-examined by another handwriting expert while deposing his evidence.
Querist :
Anonymous
(Querist) 12 August 2011
THANKS AGAIN SIR
I AM ENLIGHTENED.
THERE IS ANOTHER TIKLISH ISSUE WHICH IS AS FOLLOWS:-
MY BROTHER , THE DEFENDANT, WHO HAS ENCROACHED ON MY PROPERTY , HAD WRITTEN EARLIER TO THE MCD IN APRIL 1997 THAT THE SECOND FLOOR BELONGED TO ME. TODAY OF COURSE HE HAS ENCROACHED UPON IT.
2. A SIGNED COPY OF THE LETTER, NOT XEROX, WITH THE ORIGINAL REGD COVER RECEIPT , WAS POSTED BY HIM TO ME THROUGH A COURIER, THE ORIGINAL COVER IS WITH ME. THE COVER HAS HANDWRITING OF THE DEFENDANT WHICH HE SHALL DENY.
I HAVE FILED THE ABOVE LETTER MINUS THE ENVELOPE AND THIS DOCUMENT HAS NOT BEEN ADMITTED BY THE DEFENDANT.
IN MY WITNESS EXAMINATION I PLAN TO PRODUCE THIS ENVELOPE AS EVIDENCE THAT THE LETTER WAS SENT TO ME.
WOULD MY ARGUEMENT HOLD IN THE LIGHT OF HIS DENIAL OF WRITING ON BOTH THE LETTER AND THE ENVELOPE.
WHAT IS THE VALUE OF THE STAMPS ON THE ENVELOPE , THE POSTAL MARKS.
WHAT VIEW WOULD THE COURT TAKE SIR
THANKS IN ADVANCE
VINAY KALA AUG 11,11
prabhakar singh
(Expert) 12 August 2011
a repeat is perhaps going on to have some more answers,as i have already answered you in detail in reply to your yesterdays' post i refrain to answer.
Querist :
Anonymous
(Querist) 12 August 2011
thanks sir,
you have done a great service.
you are right in refraining to answer.
thanks again sir for the good help you gave
vinay kala
aug 12,11
prabhakar singh
(Expert) 12 August 2011
a help does not mean answering same thing several times because a same query is being posted every day.
Querist :
Anonymous
(Querist) 12 August 2011
dear prabhakar bhai sahab,
i have thanked you for your helpful inputs.
kindly be kind to us.
i could not disagree more with you that the same query is repeated.
you think so i dont
my apologies sir.
please be free not to respond.
you are under no obligation sir to do so.
but i thank you for the immense help you gave.
vk
M/s. Y-not legal services
(Expert) 13 August 2011
Additional document can be filed with court's permission. If you denied your the signature on any document mean, the burden of proof is always will be on who is producing that before court of law. And apart from this am agree with mr.makkad sir regard hand writing expert.
