Legal Question in Civil Rights Law in India

Civil case
The district courts,chandigarh allowed secondary evidence to me.I submitted certified copy of the lost document,attested by notary-public.I aslo submitted handwriting report for the disputed signatures.The notary is very busy and he gave me affidavit of the certified document by him.I placed this affidavit on record of court file.Now,the notary is avoiding service of summons due to his busy work.As per indian evidence act,will this affidavit of his will favour me in secondary evidence.Thanks.

Asked on 10/03/08, 7:04 am

3 Answers from Attorneys

Nasir Butt Nasir Law Associates

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Re: Civil case

If the Notary Public is not appeared on your request before Court, Court may compel him to appear and testify the contents of Affidavit, Signature, and Seal. Secondary evidence is acceptable to Courts keeping in view of the circumstances of the case.

Answered on 11/03/08, 3:54 am

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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Re: Civil case

by law, secondary evidence can be led and the veracity of the same can be tested by the court. in your situation, the notary can be compelled to be present before the court to testify his seal and signatures.

Answered on 10/03/08, 7:43 am

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