Burden of proof?
Nikhil chaudhary
(Querist) 17 June 2019
This query is : Resolved
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R.K Nanda
(Expert) 17 June 2019
Burden of proof is on defendant to prove said PD as forged.
Nikhil chaudhary
(Querist) 17 June 2019
Ok sir, if the stage of calling witnesses is gone or suit is in evidence stage in a civil suit, then is there any way by submitting an application or taking permission from the high court to get one chance to call oath commissioner for witness?
Vijay Raj Mahajan
(Expert) 18 June 2019
In evidence stage the defendant can summon the oath commissioner by moving application in the trial court itself no need to move High Court for this process.
Dr J C Vashista
(Expert) 18 June 2019
The defendant must have taken it as a preliminary objection in his written statement, is it? If so, whether the Court has framed it as an issue? Otherwise, request the Court to make it as a preliminary issue to be decided before proceeding further. Let the plaintiff prove his document.
As a defendant you need not call/summon the notary public/ records of Registrar of Companies and/or any other witness(es) to prove that the subject "Partnership Deed" is forged, fabricated or original.
It would be advisable to consult a local prudent senior for better appreciation of facts/ records and guidance.
However, if you are located in Delhi and feel so, may contact me (on appointment) at:
Chamber No 647, lawyer's Chamber Block, Dwarka Courts complex, Sector 10, Dwarka, New Delhi-75 Cell # +91-98911-52939 email: majjagdish@yahoo.com
Nikhil chaudhary
(Querist) 18 June 2019
Thank you, everyone, for your great advise
