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rajan chopra   29 December 2021

defendant admits his signature on document but refused to read content of document

sir in a suit for recovery being filled by us defendant admits his signature on agreement but claimed that he has not read content of that document and now case is at stage of argument and is there any citation which We may file before court in our favor that when defendant admits his signature then it can not be heard from him that he had not read content of that document.


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 3 Replies

G.L.N. Prasad (Retired employee.)     29 December 2021

Such statements are most common in all bank cases, and courts deem that once the document is properly signed, the executant has read the same.  It is his duty to sign after reading and understanding, and his failure is not an excuse.

rajan chopra   30 December 2021

sir is there any citation regarding it ?
1 Like

Aryan Raj   04 January 2022

In response to your query,

It's a very common in India, people deny the knowledge of the terms and conditions of the document when the time comes to comply with them but signature in a document is not always necessary for any contract to be valid in India. 

The essential elements of a valid contract are set out in Section 10 of the ICA.

It is entered into by parties who are competent to contract;

It is entered into by parties as a result of their free will (i.e. valid proposal and acceptance);

It provides for mutual consideration between the parties;

It does not require the doing of any act which is forbidden by law.

If the above mentioned conditions are fulfilled then the your case will be in a strong position. 

Regards,

Aryan Raj 


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