Recovcery suit
Niharika Bisht
(Querist) 27 November 2012
This query is : Resolved
Hello to all,
My firm filed a suit for recovery of an amount to the tune of Rs.19,87,600 from another firm in May 2011. In the court so far the examination of me, another partner of my firm and the examination of the defendant has taken place. The bone of contention is pertaining to a document i.e cash receipt which was issued to the defendant by us and which has duly been signed by the defendant.
Now my question is how should I prove that the signature on the document is that of the defendant when the defendant is plainly saying that his signature has been been obtained by fraud.
Please help. We have been cheated upon by this guy.
Thanks in advance.
ajay sethi
(Expert) 27 November 2012
the defendant has admitted he has signed the documents . it is his case it was frdudelently obtained . it is necessary for you to show that he has willingly signed the cash receipt and that he has not disputed it at any stage prior to filing of suit .
basically it is necessary to go through the plaint , written staement , affidavit of evidence to advise
R.K Nanda
(Expert) 27 November 2012
file application u/s 151 of CPC for the appointment of hand writing expert to verify and then prove the signatures of def.in court in ur case.
Guest
(Expert) 27 November 2012
In slight contrast to the opinion of Ld.Nanda ji, I have the following to opine.
If as per your statement of facts the examination-in-chief of the defendant has already taken place it means that the examination-in-chief of the plaintiff(you) and his witnesses preceded the examination-in-chief of the defendant.
Although one has to look into the issues framed by the court in order to give a conclusive opinion, but from the facts narrated by you it can be assumed that the onus probandi to prove the document in question by leading affirmative evidence must be on you. It was prudent on your part to have examined a handwriting expert during your examination-in-chief. If you have not already examined him, your right to examine a handwriting expert in rebuttal may now be foreclosed even if you have reserved your right to rebuttal. The reasoning I place on board for saying this- The plaintiff is not allowed to lead evidence in rebuttal on issues the onus to prove which lies on him. Evidence in rebuttal can be led only on those issues the onus to prove which lies on the opposite party.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
prabhakar singh
(Expert) 27 November 2012
I THINK THE SIGNATURE IS ADMITTED THOUGH ALLEGED TO HAVE BEEN OBTAINED BY FRAUD.THEN DEFENDANT HAS TO STATE THE PARTICULARS OF FRAUD IN HIS WRITTEN STATEMENT,IF HE HAS NOT GIVEN SO FAR HE SHOULD BE ASKED TO DO SO.
YOU SIMPLY NEED TO STATE IN CHIEF AFFIDAVIT '"THAT DOCUMENT NO. SO AND SO IS A RECEIPT DATED SO AND SO FOR AMOUNT SO AND SO AND BEARS THE SIGNATURE OF SO AND SO WHO HAVE SIGNED OUT OF THE FREE WILL AND CONSENT AND NO FRAUD OF THE NATURE STATED BY DEFENDANT OR OF ANY NATURE WHATSOEVER WAS PLAYED IN ANY MANNER UP ON THE DEFENDANT IN CONNECTION OF HIS SIGNATURE OVER IT." '
Niharika Bisht
(Querist) 29 November 2012
Thank you Mr.Ashish Davessar for your detailed and prompt reply.
My lawyer never told me this earlier. He kept telling me that we will examine a handwriting expert later on. What should I do now to prove this document? My entire case hinges on this. I would like to talk personally to you if you don't mind. I shall pay any fees you quote.
Warm Regards & Thanks,
Niharika Bisht
Niharika Bisht
(Querist) 29 November 2012
I just sent you a mail on your e-mail id that you have mentioned on your page.
Regards,
Niharika Bisht
