Privity of contract
JAGADEESH GOVIND
(Querist) 06 August 2008
This query is : Resolved
Dear sir,
I would like to produce a licence deed in the court as an evidence. But I am not a party in the agreement. Pl advice whether I could produce it ? If the opposite party raise the contention that I am a third party and no locus standi to produce the agreement. How could I defend it ? Whether it is hit by the principle Privity of contract ?
Jagan
Srinivas.B.S.S.T
(Expert) 06 August 2008
The Opposite party will definetly raise the objection as there is no likelyhood of you being in possession of the deed in normal course as you are not a party to the deed. If you think production of the deed will help your case, then you can file a petition before the court explaining them and pray the court to direct the person/authority in whose possession the document is in to produce or casuse produce the document and then you can mark the same without any hassle.
Manish Singh
(Expert) 07 August 2008
You are not trying to be a party to the contract or claiming to enforce any right under the contract so the question of privity of contract ends straightway.
you are just producing the evidence to help the judiciary to achieve its objective. so go ahead, no one can stop you.
arunprakaash.m.
(Expert) 08 August 2008
If the licencee has given you any subtenancy to you. Then you can produce the documents and plea for privity of contract else if you are a legal heir or you have any assignment with respect to that licence deed then also you can proceed with.
