Documents submission in court
Priyanshu Mehta
(Querist) 07 August 2018
This query is : Resolved
Respected Sir
As we have plot in village and when we visited it was illegally occupied by land grabber and whe we file complaint to police the land grabber filled civil suit against us stating that the land belongs to them not ours.The land grabber failed to prove the land due to unavailability of original land documents. The court has banned the submission of evidence of land grabber and court further moved to our counter claim we filled.
Now our lawyer is demanding us to submit the original land documents including land puchase deed, sale deed, land record paper etc.
I have some queries in this matter which are :
1. Do the court demands original documents of land and keep it in the court untill the case is not finished ?
2. If the original documents is misplaced, stolen or lost somewhere else is there any guarntee provided by court ?
3. Can we submit the attested copies of land documents instead of original one ?
I request you to do the needful and your advice are highly appreciated.
Thanks & Regards
sachin sharma
(Expert) 07 August 2018
Do not handover your original document to anyone including your advocate. Always appear with your advocate on a day when your matter is listed. You can present the original document in your presence to the court and if the court ask for the submission of those document for further persue, court will issue you the slip. Also, being the party in a case, you have all the right to ask from the court about your doubt during your hearing, especially if court is asking for your original document.
Kumar Doab
(Expert) 07 August 2018
Your own counsel of unshakable repute and integrity specializing in Civil matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and well versed with facts and details of the case is best placed to guide you.
He/she can help you to submit docs under proper acknowledgment and get back originals from court.
In case the doc are say; lost, soiled/mutilated he/she can help you to get certified copies.
You may keep authenticated copies in your record.
Kumar Doab
(Expert) 07 August 2018
In the meantime go thru;
GO thru;
The Code Of Criminal Procedure, 1973
91. Summons to produce document or other thing.
Kumar Doab
(Expert) 07 August 2018
And;
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APL) NO. 215 OF 2012 APPLICANT :- (1) Dr.Suresh s/o Late Shri Ramchandra Jamdar aged 58 years, Occ.: Medical Practitioner, r/o Near R.S.S. Building, Waikar Road, Mahal, Nagpur. (2) Saurabh s/o Suresh Jamdar, Occupation : Business, r/o Near R.S.S. Building, Waikar Road, Mahal, Nagpur. (3) Sanket s/o Suresh Jamdar, aged 28 years, Occupation : Business, r/o Near R.S.S. Building, Waikar Road, Mahal, Nagpur. ...VERSUS... NON_APPLICANT :- Wing Commander Ramesh s/o Late Ramchandra Jamdar (Retd.) aged 62 years, Occ.: Retired, r/o Flat No. 4, Building No. 7(G), Anand Park Society, Shankar Seth Road, Pune¬411037.
CORAM : M.L. Tahaliyani, J. DATED : 04.03.2013.
Dr J C Vashista
(Expert) 08 August 2018
You will have to have faith in the judicial system as well as your lawyer otherwise change him/her immediately.
If you want to prove your case, you have no option but to get ORIGINAL documents qua title of the land has to be filed and exhibited, no option. I respectfully disagree with the expert advise of Mr. Sachin Sharma.
Your apprehension regarding stolen, embezzlement, tempering is misconceived as hundreds of original documents are available on judicial file for that the recordkeeper (ahalmad) is personally responsible.
You may retain CERTIFIED copy of the documents filed for your satisfaction / record to claim that you have submitted ORIGINAL documents in the Court.
sachin sharma
(Expert) 08 August 2018
It seems I couldn't convey the message in my reply to respected member Mr Vashista. I have clearly said that if court ask for the original documents, it can be easily submitted by the party in the presence of court and a party will have to do this, also the court will issue the slip. Original document submit to the lawyer at his chamber is not a safe and secure practice.
