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Shiva   02 January 2022

Can documents submitted in a dismissed case be used in another case

I rented an apartment 22 years ago with no written contract & landlord wanted rent in cash but refused to give receipt. Then 6 years ago he sent thugs to evict me so I filed a civil suit. In response my landlord signed an affidavit that I am not a tenant & he did not take any rent from me nor did he force me to sign any eviction document but gave me key to clean & look after the apt.

Five years later in 2018, when case came to judge, he dismissed it for default because my lawyer did not submit the documents that I gave him nor did he prepare me for Jubani ( Deposition ). 

Now 3 years after dismissal, my landlord has sent me a legal notice that I have not paid the rent for last 6 years & he has a document that I signed 6 years ago to vacate in 30 days. I have paid the rent for all these years but in cash with no receipts as usual & documents was signed under the threat of my life.

My question is how should I reply to his notice & if he files a suit to vacate can I use his affidavit that you denied me as a tenant & denied of any forceful documents to vacate in my last suit but now you are claiming that I am a tenant & vacate due to non payment of rent & the document you forced me to sign 6 years ago.

Basically can I use any documents signed with an affidavit & submitted by defendant in my dismissed suit for default be brought as evidence into a new suit filed by defendant ?

Many Thanks

 



Learning

 3 Replies

Advocate Bhartesh goyal (advocate)     03 January 2022

Yes,you can use and submit those documents , you have to obtain certified copies of those documents from your previous case file and have to submit in new case file.

Shiva   03 January 2022

Thank you Advocate Bhartesh goyal.

I really apprecite your kind advice.

P. Venu (Advocate)     03 January 2022

The facts posted suggests deeper issues. Anyhow, there is no law or procedure that prevents you from using the documents, if otherwise admissible.


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