Rule 263 general rule civil
Shiv Kumar Sharma
(Querist) 17 February 2013
This query is : Resolved
My opponent filed a Civil suit against me to get some stay order regarding a shop, He filed the fabricated Photo Copy of original document with a prayer that he holds the original and photo copies are true copy and Court accepted his request while registering the case. I hold the actual Original document and the opponent has made an offence of 467 & 468 IPC but to prove it in criminal court, I need the true copy of photo-state copies filed by opponent but Rule 263 General Rule Civil does not allow Copy of Copy.
What should be the remedy, how can I get the true copy of forged document filed in a CIvil suit with plaint to make it legally acceptable by the Court.
prabhakar singh
(Expert) 17 February 2013
WHY TO GO TO HELL WHEN HAVENS AWAIT ME!
INSIST THAT HE MUST FILE THE ORIGINAL HE ADMITS IN HIS CUSTODY(Order 7 R 14 C.P.C.)
"1[14. Production of document on which plaintiff sues or relies
(1) Where a plaintiff sues upon a document or relies upon document in his possession or power in support of his claim, he shall enter such document in a list, and shall produce it in court when the plaint is presented by him and shall, at the same time deliver the document and a copy thereof, to be filed with the plaint.
(2) Where any such document is not in the possession or power of the plaintiff, he shall, wherever possible, state in whose possession or power it is.
2[(3) A document which ought to be produced in Court by the plaintiff when the plaint is presented, or to be entered in the list to be added or annexed to the plaint but is not produced or entered accordingly, shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit.];
(4) Nothing in this rule shall apply to document produced for the cross examination of the plaintiffs witnesses, or, handed over to a witness merely to refresh his memory.]"
prabhakar singh
(Expert) 17 February 2013
Intelligible or not ?
Very soon I would be off line!
Raj Kumar Makkad
(Expert) 17 February 2013
You can adopt the course as told by Prabhakar singh and additionally can file an application under section 340 Criminal procedure Code before the same court and can seek strong criminal action against such person.
Raj Kumar Makkad
(Expert) 17 February 2013
You can adopt the course as told by Prabhakar singh and additionally can file an application under section 340 Criminal procedure Code before the same court and can seek strong criminal action against such person.
prabhakar singh
(Expert) 17 February 2013
You can adopt the course as told by makkad
OR CAN ALSO INSIST FOR PERJURY BY FILING ORIGINAL.
Shiv Kumar Sharma
(Querist) 19 February 2013
I thanks to Mr Prabhakar Singh & Mr Raj Kumar for there valuable and intelligent advice.
prabhakar singh
(Expert) 19 February 2013
IT'S MY PLEASURE TO SERVE YOU GENTLEMAN !
