Whether depostion of one court can be filed in another court!
Suresh Babu Rai
(Querist) 16 December 2013
This query is : Resolved
A warm and good morning members!
I have filed a suit for specific performance of contract. Almost the evidence from plaintiff and the defendant’s side commenced.
I have proved the agreement of sale executed by the defendant No.1 in favour of the plaintiff during the course of cross examination of defendant No.1, who examined as DW-1. The defendant No.2 and 3 subsequent purchasers of the suit subject land after the execution of exhibit A1 (agreement of sale). The said suit is filed with Senior Civil Judge Court.
The defendant No.2 and 3 have filed a separate suit for perpetual injunction against the plaintiff herein on the basis of their registered sale deed executed by the defendant No.1 on the file of Junior Civil Judge. I have also commenced the trial in the said suit and proved the execution of agreement of sale in favour of the plaintiff trough the defendant No.1.
Now the point is:
The defendant No.1, who examined as DW-1 in the suit filed by me i.e. suit for specific performance of agreement also examined as PW-2 in the suit filed by the defendant No.2 and 3 in the suit for injunction.
There are some deviations taken by the DW-1 at the time of my cross examination in my suit and the suit for perpetual injunction as PW-2. In fact, in the suit for perpetual injunction has admitted some facts, but denied in my suit for specific performance.
I want to filed that deposition of PW-2 on the file of Junior Civil Judge, before the Senior Civil Judge to prove that the DW-1‘s admission on some facts.
It is settled law that no depositions of one court to another court can be accepted. But it is very important for me to file that deposition.
Respected experts please guide me in this aspect, 100% the suit for specific performance is in my favour.
ajay sethi
(Expert) 16 December 2013
you can in cross confront DW-1 with deposition made in another suit .
Suresh Babu Rai
(Querist) 16 December 2013
Thank you Sir!
I will confront the deposition of earlier with the present suit, can I file the same after confrontation.
T. Kalaiselvan, Advocate
(Expert) 17 December 2013
The cross confrontation of previous deposition itself will pave way for new deposition and evidence based on the previous deposition so there is no need for the deposition to add as exhibit and also there is no provision to mark it as a document. The matter can be taken up during argument.
