karthick, advocate (Advocate) 30 November 2010
hello sir,
we are for the defendant in money suit, the plaintiff is a unknown person and they have filed a suit for recovery of money against our client. In this stage i have filed my written statement and take the same defence the plaintiff is stranger to this defendant, the defendant is not executed any promissory note to this plaintiff, how to prove the case and any of them have a similer authorities please give me
niranjan (civil practice) 30 November 2010
You should see the pro note and find out whether the same is negotiated. By saying that you have not executed this pro note to this pltff. you have admitted the execution of the document to real holder.
You have to prove rebutttable presumption. Better to prove through oral evidence that there is no relattionship and money transaction between the plaintiff and defendant. Since admitting signature will invoke sec. 20, 118 N.I act and 114 of evidence act. So search on this headings for citations
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 01 December 2010
BUT HE MUST HAVE GIVEN NOTICE PRIOR TO FILING CASE.
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