Dispossession & grave injustice
pramod
(Querist) 06 November 2012
This query is : Resolved
Dear Experts,
To cut voluminous facts short…
What are the available remedies if Defendant refuses to admit, all e mail communication sent by himself before a trail Court in a civil suit? Entire merit of the case is based on e mail communication which are numerous in numbers and which goes against the Defendant if admits. Defendant in his written statement disagreed the E Mail ID belongs to him, in which all communication took place, as well as in the cross examination. Defendant is still using the same e mail ID. Defendant is highly educated and rich. Defendant had correspondence with the plaintiff more than two years on the same e mail ID.(Total number of e mails 80 in numbers) The plaintiff believes strongly that the defendant is having only one e mail ID.
Hence what are the possible remedies for the plaintiff to establish truth on record that the defended made false statement?
Where to initiate and how to go about?
Criminal proceedings are still going on. Civil case dismissed, The Court did not appreciate e mail communication at all, PARTICULARLY in the event of e mail ID ISSUE.
Hence, humble request to all Experts to contribute in the interest of Justice.
Thanking you all.
Devajyoti Barman
(Expert) 06 November 2012
Print out of e-mail is valid piece of evidence and admissible in evidence under Indian Evidence Act as well as IT Act.
So during trial do exhibit those e-mails.
pramod
(Querist) 06 November 2012
Dear Sir,
Ten important e mails have been exhibited in the trail Court. None of the ten e mails have any ambiguity and further it is very clear in each of its correspondence. All those ten e mails are having contents in nature with status in terms of possession of the plaintiff in the suit premises and the permission from plaintiff to defendant to occupy one of the rooms to share the stay for two months period. Both the plaintiff and the defendant shared one each room of the apartment as per the request of defendant, which are there on record in those emails. Plaintiff did not surrender the possession at all but left for home town for few days. The defendant locked the door and run away for two months and service of summons got served later and the case stood. In spite of it all being there, the trail court gave incorrect verdict and dismisses the suit. The same were taken in appeal before High Court of Bombay; there also the Court did not appreciate the e mail by not going into it.
Hence justice has been disappeared in the findings of both the respective Courts.
Therefore, my humble request and question to respective experts are as follows;
1. How to obtain certificate of e mail ID of the defendant from the concerned authority to prove that the particular e mail ID belongs to the defendant only?
2. What is governing law which regulates such type of exercises?
3. Else how do I get the justice?
Thanking you all experts.
