Defendants relied upon plaintiff's original documents
Rajkumar Ashar
(Querist) 20 October 2013
This query is : Resolved
I want to know that in civil suit for injunction silicitor and declaration, can the Defendants rely upon the original documents of the Plaintiff , obtained by Defendants,by committing thefts / frauds upon plaintiff.
Devajyoti Barman
(Expert) 20 October 2013
What do you mean by theft .fraid?
The party to the suit reply upon any admissible document belonging to either of the parties.
Raj Kumar Makkad
(Expert) 20 October 2013
Post the query in clear words otherwise the reply shall be based upon assumptions and presumptions which shall not be beneficial for you.
Rajkumar Ashar
(Querist) 21 October 2013
Thanks to all of you for your reply,
My query in details is as under;-
Plaintiff filed suit for injunction simplicitor , and declarations in civil court for one suit flat against defendants [his own family members], who have during trial , relied upon some original Bank documents, stolen by defts, which belonging to plaintiff and/or in custody of Plaintiff, - and court had admitted and exhibited all Bank documents over ruling objections of plaintiff, and dismissed plaintiff's suit relying upon the said bank documents- whether can any body provide me any citations for plaintiff's appeal in higher court , to enable plaintiff for quashing dismissal order of trial court?
ABDUL RAZIQUE
(Expert) 21 October 2013
yes, you may file appeal in high court.
R.K Nanda
(Expert) 21 October 2013
nothing to add more.
P. Venu
(Expert) 21 October 2013
Prima facie, the Plaintiff has not made full and true disclosure of the facts but withheld material facts from the Court. However,the defendants managed to produce them. If so, the plaintiff cannot claim any relief.
We have it on the authority of Manu Smriti:
‘Litigants should not either enter the courts; or if they enter the courts they should only tell the truth. Those who remain silent when questioned and those who answer falsely are sinners. If litigants spoil justice through injustice and witnesses spoil truth through untruth even the audience becomes afflicted with sin. If dharma is ruined, dharma will ruin us.’
ABDUL RAZIQUE
(Expert) 21 October 2013
Agree with P. Venu Ji, Nothing more to add.
