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24. It is also to be noted that the notary who has notarized the Undertaking, Ex. PW1/F, was also not examined and neither was the notary register produced. In case of dispute about execution of a notarized document, requirement of examination of notary is crucial, in order to establish authenticity of the document. Thus, holding that mere fact that the document was notarized did not lend any authenticity to the document in the absence of seeing the notary register kept by the notary in the course of his conduct as a notary, in the case of Prataprai Trumbaklal Mehta Versus Jayant Nemchand Shah and another3, it was held as follows:

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10. It may be mentioned straightway that the absence of registration 2008 SCC OnLine Bom 1211.

as well as the required procedure for notarization would make the document so inadmissible in evidence as to not allow the applicant to base his case upon such a document. The object of registration as well as notarization is lost if a document of the kind can be looked into or considered by the Court, even prima facie, to take the contents as correct.

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(Emphasis Supplied)

26. Similarly, holding that in case of dispute about execution of a notarized document, requirement for examination of the notary is crucial to prevent fraud and ensure the authenticity of the document, in the case of Rameshwar Prasad Dwivedi Versus Raj Kumar and Another5, it was held as follows:

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19. In my considered opinion, in case of dispute about execution of a notarized document, requirement for examination of the notary is crucial to prevent fraud and ensure the authenticity of the document. The notary‟s testimony can provide valuable insights into the circumstances surrounding the execution of the document and the identity of the signatory. It is noteworthy that notarization is not a guarantee of the document's validity or legality. The notary‟s role is limited to attesting the execution of the document and verifying the identity of the signatory. However, where the notary is not available for examination, the court may consider alternative methods of proving the document's genuineness, yet the absence of the notary‟s testimony may weaken the probative value of the document. xxx xxx xxx"