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kishore kumar   07 November 2024

recovery suit based on photocopy agreement

In a recovery claim, the court has rejected the plea to call a finger print expert on the basis of a photocopy of the contract. The opposite party is avoiding presenting the original contract by saying that no such contract was made and that the contract is fake. The notary and witnesses of the contract are ready to testify.
The party making the claim has a coloured photocopy of the contract attested by the same notary who had notarized the contract.
Please provide information as to what should be done in such a situation so that the way is open for recovery of the amount mentioned in the contract?
Thanks a lot.


Learning

 6 Replies

Advocate Bhartesh goyal (advocate)     07 November 2024

If opposite party denying of having original copy of contract or avoiding to submit in court then you may seek permission  to lead secondary evidence and exhibit photo copy of  contract.

kishore kumar   07 November 2024

Respected Advocate Sri Bhartesh Ji Goyal Thank you very much for your expert advice.
Thanks Again.

Dr. J C Vashista (Advocate )     08 November 2024

Photocopy (whether coloured or black) can be marked in evidence which can be proved by deposition of attesting witness(es) and notary public.

Meanwhile let your lawyer may issue notice under Order XII Rule 8 CPC to the opposite party to produce original document, which s/he will have to submit original document or invite adverse inference of the Court. 

T. Kalaiselvan, Advocate (Advocate)     08 November 2024

Well advised by experts above, I endorse their views.

kishore kumar   08 November 2024

Thanks a lot to Dr.JC Vashista Sir and Sri T.Kalaiselvan Sir.

Dr. J C Vashista (Advocate )     09 November 2024

Thank you Kishore Kumar ji for your understanding and appreciation.

Keep on posting such real-time (not hypothetical or fabricated) issues for mutual exchange of ideas / views / opinions for the benefit of all of us. 


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