Dear Sir/Madam, An judgement was passed and in that their and in that it was mentioned that school leaving certificate has been exhibited.In judgement it was held that author was not examined thereof.As per judgement even there was no reference of same by any of plaintiff witness.so Judgement was held that mere exhibiting such document is of no value for want of it's content. I am the plaintiff.The case was filed in 1995 and the said leaving certificate was exhibited without any objection in 2006.In argument stage my counsel has mentioned all the exhibits.But the judgement pronounced on 10/10/2018 declined the exhibit for want of examination of author.Had been a chance given to us in 2006.we would have been able to examine the author.also I had submitted original birth certificate.But judge didn't mention the same in his judgement Isn't this this against section 35 of Indian evidence act? Now I am appealing.On what ground shall I appeal.What will be the cure of such order? Was non-mentioning of birth certificate was an error made by judge.Does original birth certificate does not hold any value? Please enlighten.
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Merely because document is taken on record and exhibited does not prove its contents
2) author of document has to be examined .the document is proved only when author deposes that he has signed the document and contents are true and correct
3) judgment does not serve from any infirmity as far as school leaving certificate is concerned
4) if you had produced original birth certificate court ought to have considered the same
Sir appeal can be made in the regard stating that the lower court has failed to appreciate documents on the record and the impugned order is liable to be quashed and set aside.
The original birth certificate is government record and hold evidence value similarly school leaving certificate if no dispute raised on same, it needs to be appreciated and admitted.
Section 35 of the public document such as birth certificate is itself relevant and admitted fact.
Was the defendant able to disprove the LC when he cross examined the Plaintiff?
If not then exhibiting of LC plus the fact that def wasn't able to disprove the genuineness of LC when he crossed examined the P, were good enough reasons for placing reliance on the LC
Dear Client,
Until not objected by opposite party, original birth certificate being public documents is admissible and reliable evidence.
Author will require to be examine only when certificate is disproved by opposite party as burden lies on it.
You first analyse the judgement by perusing it thoroughly and properly.
Note all those points that aggrieved you.
If they are really erroneous and miscarriage of justice you may harp on them.
You can draw grounds of appeal on those points.
You discuss with your advocate on all such further issues.
Dear Sir/Madam, I am the plaintiff and son of second wife of Rambhau Wakekar.Tto prove that My mother is second wife of Rambhau,secondary evidence i.e eyewitness was present by me in court.He give direct evidence that he know my family and my mother is second wife of Rambhau Wakekar.Also he stated that my mother was was married to Rambhau 30-33 Years back.He also directly said that I am the younger son of Rambhau born to Vrunda and Rambhau. But judge in his judgement said that eyewitness has not mentioned the first wife and his family.Also judge said that since he is the eyewitness he should know the exact year of marriage.So he said that statement of eyewitness who was our neighbour is vague and should be discard in toto.The counsel of defendant party never ask the witness.Whatever questions were being asked to witness,he answer it directly. Now when defendant was call in box,whatever was asked to him,he only said I am not aware of it.also he failed to produce any secondary witness to adduce his statement. Still the judgement went against us I.e plaintiff. So on what ground shall I appeal.
1)do you have any wedding photographs?
2) any wedding invitation card
i3) t woukd help in making out a case of marriage between your father and mother
4) any ration card or other documents which reflects name of your mother as wife of your father
Sir the detailed first appeal of this has to be made all these evidences have to be stressed upon and presented before the appeallnat court, further the appeallant court can appreciate same and since the lower court has failed to consider same.
Appeal shall incorporate all the grounds of the suit along with the grounds which were not appreciated and considered and evidences which lower court overlooked and rejected the suit.
If you are aggrieved by the judgment and feel that this is a miscarriage of justice, you may better prefer an appeal against the judgment.
You may in your grounds of appeal state that the trial court judge cannot travel beyond the contents expressed by the witness, especially there is no question of mentioning anything about the first wife by the witness, and also it is not necessary that the witness should remember the exact date of the mnarriage ceremony which had taken place around 30 years ago.
Discuss with your advocate on further issues and prepare the grounds of appeal strongly.