Regarding the validity of the certified copy at the time of filing of 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 citation 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-
ajay sethi
(Expert) 29 November 2013
for filing suit you dont need original documents . it is only at stage of trial you need originals . you can file suit with documents duly certified by your advocate as true copies
BAALASUBRAMANNYAMM
(Expert) 29 November 2013
Here you have to observe 2 things. Certified copy means (1) Certified the xerox copy of the Promissory Note by somebody. and (2) Certified copy to be taken from the court, when the promissory Note was marked as "exhibit". In your query, it seems that the Promissory Note was not marked as exhibit. Only you have made just the promissory note as "certified" and filed in civil suit, which was rightly returned. So you have to file a petition in CC, requesting the court to take back your original Promissory, with a view to file the same in civil suit.
Rajendra K Goyal
(Expert) 29 November 2013
Get the original promissory note and file the suit.
Devajyoti Barman
(Expert) 29 November 2013
You can file without original also.
The case can be proved in absence of original copy if you could formally prove the secondary evidence.
