Legal Question in Civil Rights Law in India

civil case

I lost the original rent receipt during the pendency of the court case.I lodged police complaint for the same.I prayed for secondary evidence.I tendered affidavit in evidence with certified copy of the lost rent receipt by notary public.Is it is necessary to witness notary for adducing evidence.As per law,secondary evidence has been allowed and handwriting expert is giving report on the standard and disputed signatures.The rent case is pending in distt. Courts,chandigarh.The notary has attested the copy of rent receipt.Now,he is behaving all together diffrently for non-appearing for the greed of money.


Asked on 8/24/08, 8:37 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: civil case

The Notary is obliged to appear in court if you obtain his summons. The Notary is also in law required to produce his register. Therefore, instead of producing the Notary, you may even seek production of his register either by himself or through his clerk.

You did not mention if the rent was paid through cash or cheque?

If you have any bank records, you can produce that evidence.

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Answered on 8/24/08, 9:26 am
Seema Bhartiya

Re: civil case

Thanks for referring an interesting question of law involved in the matter. I had carefully gone into the facts narrated by you in your reference.

if you proved the signature on photocopy of rent receipt by handwriting expert,no need to call notary public in witness box . You can call attesting notary in witness box by sending summons with the peermission of the court.

In case you find any difficulty, please don�t hasitate to recommunicate your problem.All possible assistance will be provided you.

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Answered on 8/24/08, 10:14 am


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