Cross exam
Advocate Ravinder
(Querist) 23 March 2013
This query is : Resolved
I have filed recovery of money suit for Rs. 2.00 lakhs basing on demand promissory note. I have issued legal notice to the defendant before filing the suit and the defendant had received it. I have filed the same into court along with all other relevant documents which have been marked as exhibits. In the cross examination of defendant, he deposed that he did not received the legal notice.
My question is that which will prevail, the documentary evidence or the deposition. Which will be given more weight.
Manoj Kumar,
Hyderabad
Sankaranarayanan
(Expert) 23 March 2013
Section 2. Documentary evidence. — Documents as evidence consist of writing or any material containing letters, words, numbers, figures, symbols or other modes of written expression offered as proof of their contents
And depostion is Other forms of discovery include interrogatories (written questions that are provided to a party and require written answers) and requests for production of documents.
R.K Nanda
(Expert) 23 March 2013
documentary evidence will prevail and take help of local lawyer.
Raj Kumar Makkad
(Expert) 23 March 2013
This is a matter of common sense that always proved documentary evidence prevails over oral testimony.