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Aditya Azad   08 August 2024

Mistakes in witness statements

We have a property lawsuit which  recently got rejected due to statements of two ppl from our side,  one is petitioner himself and one is witness, petitioner is no more so things have come to my notice now, I am the next petitioner, to my surprise quater part of statement of both contains things in the favour of opposite party, I am damn sure the witness can't say those things , one witness is alive and I showed him his statements even he denied that these things were not said by him ,he said just opposite to what is written, Now is there any solution to this problem? Can the statement be given again aur any affidavit be attached of the witness in the upper court,high court?? Pls if anyone can tell



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 7 Replies

T. Kalaiselvan, Advocate (Advocate)     08 August 2024

The witness evidence once recorded by the court at the time of deposition which includes the cross examination also, then it cannot be changed at a later date.

If at all it was wrongly recorded then the witness should have objected to it then and there itself and not at a later date to his convenience.

Court  will not entrtain any such fancy ideas to fill up the lacuna. 

1 Like

Dr. J C Vashista (Advocate )     09 August 2024

You have consulted, engaged and paid an able, competent and intelligent lawyer to sort out your issue(s), seek his / her advise and proceed.

However, I could not follow what you wanted to communicate through this post, which I find headless.

1 Like

Aditya Azad   09 August 2024

Thanks for your reply, it feels like a breach of trust between us and lawyer as our own statements are in favour of opposite party, I am the next gen petitioner and things hv come to notice now and wish to go to high court but but before that wanted to clear up few things as some lawyer assured me some remedy of the doubtful statement but trust remains the issue so wanted to get some advice on it. Thanks!!

T. Kalaiselvan, Advocate (Advocate)     09 August 2024

Since the statement has already been filed in the court,  it cannot be denied by the party made it.

Don't fall prey to false assurances. 

Take wise decision using your prudence on the basis of prevailing law. 

1 Like

P. Venu (Advocate)     09 August 2024

It is the procedure that the deposition recorded needs to be read out to the witness and got signed by him/her. However, this stipulation is hardly followed. 

However, it is too late to agitate the issue, esp. as one of the deponent has expired.

Aditya Azad   09 August 2024

Thank you so much Sir🙏

Cristy Davis   14 August 2024

 


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