SECTION 68 OF EVIDANCE ACT

rajan chopra (Querist) 16 September 2015 This query is : Resolved
Sir is attestation of each and every pronote/agreement made on stamp paper complousary as per section 68 of Indian evidence act ?

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SAINATH DEVALLA (Expert) 16 September 2015
Section 68 in The Indian Evidence Act, 1872
68. Proof of execution of document required by law to be attested.—If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the Court and capable of giving evidence: 1[Provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a Will, which has been registered in accordance with the provisions of the Indian Registration Act, 1908 (16 of 1908), unless its execution by the person by whom it purports to have been executed is specifically denied.]

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M/s. Y-not legal services (Expert) 16 September 2015
whats your problem? just post it sir.. we may discuss..

ADV-JEEVAN PATIL, MUMBAI (Expert) 16 September 2015
In my opinion Not necessary

Sudhir Kumar, Advocate (Expert) 17 September 2015
No facts stated.

Guest (Expert) 17 September 2015
Depends upon the purpose you want to use the documents.

So, please state brief of the background of the case in context of which you have asked the question.

Rajendra K Goyal (Expert) 17 September 2015
Academic query, state facts.

SAINATH DEVALLA (Expert) 17 September 2015
Answer the legal experts

rajan chopra (Querist) 21 September 2015
Sir one of my relative has borrowed money from me and has brought stamp paper of Rs 15/- which were being perchased by him from stamp vendor and it was write down by scribe an advocate that he will pay the borrowed amount as and when demanded by me and in case he does not pay then it can be recovered through court of law.Now suit for recovery was filed as my relative failed to repay my money.The evidence of scribe and plaintiff has been proved on record and suit is at the stage of Arguments.The counsel of defendant has argued that as per section 68 of evidence act the attestation of document is necessary.This are the all facts.

rajan chopra (Querist) 25 September 2015
Waiting for response

rajan chopra (Querist) 26 September 2015
Please response

rajan chopra (Querist) 28 September 2015
Sir Please respond

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