How to challange the admissibility of notarised documents
minsal
(Querist) 20 July 2023
This query is : Resolved
Respected Experts,
I have filed a summary on behalf of my client wherein the defendant has taken out a Notice of Motion for condonation of delay of 5 years for filing reply to summons for judgments. Which was allowed by the court. I have challanged said order which is pending before the high court. But, later on I found that the said Notice of motion and reply to summons for Judgment are notarised by two different notaries but both the notary have a single registration number. How two persons can notarised two different documents with single registration number?
Under the circumstances what remedy can be available for Plaintiff.
Can I file a review application in respect of the order passed by city civil court?
Or
can I challenge the admissibility of the documents as one of the same seems notarised by unsuthorised notary.
Or
Can I file a chamber summons and call upon both notary for production of details of notarisation of the respective documents?
Or
if any other remedy available for plaintiff.
Please help me.
kavksatyanarayana
(Expert) 20 July 2023
The same registration Number cannot be given to two persons. I think just see, the year may be changed. If not you can challenge it.
Dr. J C Vashista
(Expert) 21 July 2023
If the defendant did not apply for leave to defend summon for judgments within 10 days under Order XXXVII Rule 3 of the Code of Civil Procedure, 1908, the court shall pass a decree in favour of plaintiff.
Advocate Bhartesh goyal
(Expert) 21 July 2023
Relevancy and admissibility of document is always seen at the time of evidence and marking exhibit on it and can't be challenged before tendering the document in evidence.
K Rajasekharan
(Expert) 21 July 2023
What should be challenged in the court is the genuineness of the document rather than its notarisation.
But if you find that two Notaries are using same number, you can make a complaint to the Notary Cell of the government which authorised the Notary. Both Union and State Government have such cells.
T. Kalaiselvan, Advocate
(Expert) 21 July 2023
A document attested by two different notary public but having the same registration/licence number is nothing but an illegal act, you can report this matter to the appropriate authorities with the proofs, but that is a different subject to tht of the present summary suit.
You may have to challenge the disposal of the trial court before the appellate court if the suit had been decreed against you and if you are aggrieved by the verdict.
minsal
(Querist) 22 July 2023
Thank you sirs for helping me. I have already lodged a complaint against the notaries. But the bad thing is that the court has considered the delay and allowed the defendants to file reply and leave to defend. I have challanged said order but the matter is not reached before the high court and lower court pressurised me to proceed with as there in no stay. I am stuck up here and didn't find the way to stop to proceed the matter before the lower court.
