Is certified copy of promissory note sufficient to number the suit?
vijay bhaskar
(Querist) 29 November 2013
This query is : Resolved
I had filed a suit for recovery of money basing on a promissory note. At the time of filing of the suit, I had filed the certified copy of the promissory note as the original promissory note was held up in a case filed under Negotiable Instruments Act before Hon'ble Addl. Chief Metropolitan Magistrate court and also I had mentioned that I would produce the original promissory note at the time of trial in civil suit. The CC (N.I Act) is coming for cross-examination of the complainant. The promissory note was marked as Ex.P-1 and it would take time for me to obtain original promissory note from the court. Meanwhile, the civil court had return the suit with an objection to file the original promissory note. Please suggest me and quote citations of apex courts in which the court has said that the certified copy of the document would suffice the purpose of numbering the suit. -URGENT-
Devajyoti Barman
(Expert) 29 November 2013
In absence of the primary evidence , you can always submit secondary evidence. Another option is to apply in Magistrate court to get the original for the purpose of satisfying the civil court.It is permissible.
prabhakar singh
(Expert) 29 November 2013
You should summon the file of Magistrate Court to the court of civil judge to prove the fact of custody of original to justify why did you file a certified copy.
malipeddi jaggarao
(Expert) 30 November 2013
Agreed with Mr.Prabhakar Singhji.
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