Acceptance of attestd copy of a mutual unregistered panchanama as exhibit document.
surjit singh
(Querist) 29 November 2012
This query is : Resolved
A mutual unregistered Panchanama written on a ordinary paper in the year 1987, reflecting the partition made between the brothers of the defendant, which is in the possession of the defendants. The petitioner is the person who purchased a piece of land from one of the defendants. The petitioner is basing his case on the said panchanama and other documents like sale deeds mutation order, land revenue paying receipt etc. All the defendants who are brothers are not disputing about the panchanama. Only one defendant who is NOT the brother of the defendants claims to have purchased the said land much before the petitioner, disputes the panchanama.
My question is
1)Since this is a document which is in the possession of the defendants who are brothers and they are not disputing the photo copy, in that case is it necessary to produce the original panchanama before the Court.
2) The defendants does not want the said panchanama to be given to the court, because they think it will be damaged while keeping with the record, but they are ready to show it to the court once. Whether an attested copy of the said panchanama can be accepted by the court. UNDER WHICH SECTION AND LAW IT IS PERMISSIBLE.
ajay sethi
(Expert) 29 November 2012
yes you have to produce the originals .
if said document is in posession of defendants issue them notice to produce the panchanama .
surjit singh
(Querist) 29 November 2012
The defendant has given photo copy to the plaintiff, but they only want to just show it to the court not ready to submit to court for keeping it in record till disposal of the suit
Raj Kumar Makkad
(Expert) 29 November 2012
1. You can summon that document from the defendant as per provisions of CPC.
2. If those are ready to show that document to the court then there is no problem as its attested copy shall be got exhibited on the same day it is brought before court in the evidence.
