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Swami Sadashiva Brahmendra Sar (Nil)     09 February 2010

Witness of compromose deed

A compromise deed was prepared  by the parties. they and the witnesses (W X) made their signatures which is not denied. Parties did not disclosed the contents of deed to the witnesses. subsequently the deed is challenged on the ground of fraud and misleading about contents of deed . The witnesses  stats that parties had put their signature in his presence but he was not made known to the contents of the deed . 

Can a party plead that the WX are witnesses of contents of deed also?

 



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 2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     09 February 2010

No. Such plea cannot be taken in the light of given facts.

A V Vishal (Advocate)     10 February 2010

As a witness signatory you only witnessed this person signing any document in this case the compromise deed in your presence nothing more then that. What happens to this document is not your look out, you may not be supposed to know the contents of this document. If you are a person of age of majority.i.e. 18 years or more of age, of fit mental status i.e. not suffering from any mental disability or illness & you could be legally identified, you can witness any person signing any document in your presence & you sign as a witness in his or her presence. The court shall ask you about your witnessing as I told you such document only & not what this entire document contains. This the legal position as far witnessing any document is concerned.

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