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Denial of documents by opposite party can court take them in account
18-Jan-2023 (In Civil Law)
There is a civil suit going on in Tis Hazari Courts. the suit is at 'Admissions' stage and we filed in some dicuments that we planned to rely on in the course of proceedings. Now the opposite party has denied these documents as being untrue. My query is since I have already prepared 'Evidence by way of Affidavit' how do I cite or name those documents in that? If there's a way that I can refer to those denied documents? Also, after denial of documets by the opposite party, is there a legal recourse which might be available to me to prove these documents or will the Court take these documents in account?
Once a document is denied then it becomes the responsibility of the side relying upon the documents to prove them in accordance with requirement of evidence act. Your lawyer handling the case should be able to guide you regarding the procedure for proving documents. Merely referring to them in Evidence Affidavit will not suffice.
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Adv. Salim Ambar Inamdar
Delhi | 25+ Answers
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Dear Sir,
It appears that you have not engaged a lawyer. Please note that even though a party has denied your documents, they can be still proved in a course of law. However, there is a proper procedure that needs to be followed in proving a document which you need to adopt. Without looking at the documents, it will be difficult to guide your further. Moreover, if those documents are relevant to prove your case, then you must seek legal consultancy.
It appears that you have not engaged a lawyer. Please note that even though a party has denied your documents, they can be still proved in a course of law. However, there is a proper procedure that needs to be followed in proving a document which you need to adopt. Without looking at the documents, it will be difficult to guide your further. Moreover, if those documents are relevant to prove your case, then you must seek legal consultancy.
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Adv. Dheeraj Gupta
Delhi | 25+ Answers
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Hi. In view of the facts shared by you the response to this query would depend on two situations i.e. 1) If the evidence by way of affidavit has been filed and the denied documents have not been referred to therein or 2) if the evidence by way affidavit has not been filed. As far as situation no. 1 is concerned you can suggest your lawyer to put the denied documents to other side's witness during cross examination and as far as situation no. 2 is concerned you can put those documents in your evidence by way of affidavit and tender them as evidence when you tender your evidence in court.
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Adv. Shreyans Singhvi
Delhi | 100+ Answers
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