Marking of Documents by a third party.
allurisivajiraju
(Querist) 16 December 2008
This query is : Resolved
Respected Seniors,
In a civil case basing on the Promissory note which was posted for trial, and subsequent to the filing of this case plaintiff went to abroad for a job purpose. There is no chance to the plaintiff to come to court to prove his case. Scribe of the pronote was died.
Then only attestor is available for filing affidavit as PW-1.
In the above circumstances whether court can mark the original pronote and notice etc. on behalf of plaintiff basing on the attestor affidavit. What is the result of the suit.
Thanking You Sir in advance.
Srinivas.B.S.S.T
(Expert) 17 December 2008
Sir my opinion is that why cant you obtain GPA from the plaintiff in favour of some one residing here so as to depose on his behalf? now coming to your query may the promissory note be marked by the attestor as he is witness to the transaction but not in the case of lawyer notice.
Vinjamuri Venkata Rao
(Expert) 17 December 2008
Dear Frined
The Attestor is not in a legal custoday of the suit Pronote, as such he can not mark, but he can give evidence only.
as Srinivas said above, you can obtain a GPA from Plaintiff in favaour of any his family member and marke the pronote and give evidence then examin attestor as a witness and obtain Decree, otherwise suit will be dismissmessed.
Guest
(Expert) 17 December 2008
GPA is ideal, evidence of atttestor should be enough.
J K Agrawal
(Expert) 17 December 2008
Respected Learned Friends
I have slightly different Idea
A Power Of Attorney Holder can do every thing but he can not depose on account of him. (some Supreme Court rulings are there)
There is no particular way to prove a fact in Indian Evidence Act so the evidence of plaintiff is not required to prove only the fact of execution of document.
Actually the attester is a proper person to prove the documents.
Only bar is if plaintiff want to depose he should appear first and before other witnesses.
G. ARAVINTHAN
(Expert) 18 December 2008
Attestor can give evidence about the occurrence of the transaction and that is enough for a money suit
R.Manivasagan
(Expert) 19 December 2008
The suit pronote can be marked thorugh the attestor, but the marking of document is entirely differant from proving of document. As cited in 2001 (1) SCC page 1 by Justice K.T.Thomos, J, all the documents may be received and marked and it should be discussed in the judgement.
