Law of contract.
Suresh Babu Rai
(Querist) 26 November 2012
This query is : Resolved
Good Morning to All!
I have filed a suit for damages against an Engineering Collage affiliated to JNTUH. I have made the university as first defendant and the principal of affiliated college as second defendant. The Principal has executed an agreement, dated 30.07.2011 in favour of my client in providing hostel facility to his admitted students for the academic year 2011-12, which includes mess and accommodation. The termination of the said agreement is August.2013. The said clause is particularly reduced in to writing and if any of them intends to terminate the contract, such of them has to issue three months prior notice to the other. The said agreement is still in force without any correction, modification, rectification of its contractual clauses. 150 members of students of the second defendant has become hostellers of my client, who was providing mess and accommodation as per the terms and conditions prescribed in the agreement, dated 30.07.11. The Principal neither informing my client nor giving three months prior notice has shifted the hostelers of my client by committing breach of said agreement in the month of July.2012, till that day he has paid the amount through cheques to my client for the hostelers of my client. Now the point is:
I have filed the said suit basing on the triplet of agreement; dated 30.11.2012 consists of original signatures of plaintiff and the defendants. The said triplet is on white paper not stamped for which I have given an undertaking to pay the stamp duty along with penalty if any if the court requires at the stage of trial. The first and second original agreements are reduced on a 100/- NJ stamp paper lying with the defendants. I have stated the same in my plaint that the originals i.e. stamp papers are lying with the defendants and I will take steps to call for the same from their custody at the stage of trial.
The court has returned my suit insisting me to file the original at the stage of trail itself, which is not in my custody; even I have filed the Photostat copy of the same attested with a notary.
Insisting to file all the original documents at the stage of filing of the suit of is proper sir? Please guide me….
ajay sethi
(Expert) 26 November 2012
no you dont have to fle original documents at time of filing of suit . it is only after issues are framed and at the stage of evidence original documents have to be filed
Suresh Babu Rai
(Querist) 27 November 2012
I have clearly and categorically stated the same to the judge, that no court shall insist the plaintiff to produce the originals up on which he intends to prove the case more specifically at the stage of scrutiny. Sir ! will you please code me the citations if any..
ajay sethi
(Expert) 27 November 2012
you dont need citations . you file the suit along with documents relied upon by you . the advocate has to certify that these are true copies of documents . it is only after written staement has been fled and suit fixed for evidence that you file your compiltaion of original documents
