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What are my alternatives when settlement affidavit document is lost?


09-Dec-2023 (In Documentation Law)
In 2001, twenty people filed a case against me regarding the non-payment of money payable to them. Both the parties (myself and all twenty people) during 2002 agreed to a settlement that 30% of the total amount payable shall be paid to all the twenty people and the same had been paid (30% - as per settlement) by me to all those twenty people during that time. It should also be noted that an affidavit document for the settlement issue had also been formed. The issue is : In 2017 the case is now in front of the judge in Rajkot and I am not able to find the settlement affidavit document(lost) of two people out of twenty people. What can be done under this case? How I can recover those documents ? What if those two people declare in court that there had been no settlement between us? Kindly advise under this matter. Thanking you in advance. Regards.
Answers (2)

Answer #1
850 votes
If you have lost the document then what can you do? Practically nothing. There is no option to recover if that document is not registered. So forget it. Now, the other parties may have photo copies. You can present the situation at the time of hearing that you lost the document and will present before the court in case found. If other parties object that there is no settlement then ask them to file affidavit through your counsel or may the court ask them to do so. Filing a false affidavit is a crime so other parties may also have some kind of fear as 19 people agreed and you have executed the terms. As additional proof, you can get a copy of the register of the notary register in which they may had signed. So practically you can control the case in our favor. For more suggestions, you can take our paid services.
Answer #2
847 votes
this means you have an advocate representing you in the Hon. Court at Rajkot.
if yes, you should discuss with him; if no, reply following questions:
1) if affidavit is registered? with whom?
2) whether the affidavit made before notary or registrar of court or any other way?
3) do you have any document to show payment is done.
etc...

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