Statement of witness through registered will
VIKAS AGARWAL
(Querist) 29 October 2016
This query is : Resolved
1-Applicant applied for permanent Injunction order in civil court( because his land was being illegally possessed) and it was issued on 06-02-2014 by civil court.The ad-interim injunction order is extended date to date.
But on 18-12-2014 applicant gave application for its further extension.
Civil Court reader has numbered the application and indexed it,but he did not extended it in order sheet.0n 18-12-2014 judge was also on leave.But applicant came to know that it was not extended.
On next date the defendant lawyer raised objection 6-C on it.
2-No hearing was done on 6-C till date.
3-The above matter is about the declaration suit filed by two brothers in which a decree was issued in 1995 specifying the boundary(North, South, East, West) but no measurement map was given to court.
4-In 09-02-2000 an acknowledgement letter(photocopy) was given by elder brother to younger brother specifying measurements with two witness.
5-One of the witness has expired till date.
6-The applicant has given the photocopy of the acknowledgement letter in the court case specified in point 1 above.
7-The second witness has given a notarized affidavit in court stating that the acknowledgement letter is true and was made in his presence.
8-Applicant gave a notice to deponent under Order 12 rule 4 to accept the evidence(photocopy of the acknowledgement letter).
9-My lawyer told me that since no hearing is done on 6-c and no issues are made on case therefore the second witness cannot be presented in court.
10-The second witness is 65 years old.
11-Can a registered will be taken from second witness about his statement?
Dr J C Vashista
(Expert) 30 October 2016
Vague query without complete information, however, the information given is in local language such as 6-C, what is that 6-C?
Discuss and consult some other local prudent lawyer.
Devajyoti Barman
(Expert) 30 October 2016
You have basically mixed two questions in the same query.
Do note that the trial of your case has not started as yet.
Unless and until trial starts and your evidence ends the evidence of any witness presented by your brother would not commence.
So wait as it would take lot of times now.
In the meantime get the petition for extension of interim injunction heard first.
R.K Nanda
(Expert) 30 October 2016
consult local lawyer.
VIKAS AGARWAL
(Querist) 30 October 2016
1- I AM PLAINTIFF.
2-Can a registered will be taken from second witness about his statement since he is 65 years old and case trial will take a long time?
Rajendra K Goyal
(Expert) 31 October 2016
Discuss in detail with your lawyer as he is well aware of full facts.
