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Showing contexts for: draft document in Rajesh Kumar Sood .....Appellate/ vs Parvej Nowrojee And Others on 4 August, 2016Matching Fragments
"9. No doubt PW-4 Rajesh Kumar (plaintiff) and the two purported attesting witnesses of the document, namely PW-5 Prit Nath and PW-6 Chander Mohan Kashmiri, have testified that the document was typed on the basis of a draft, which late Shri N.N. Nowrojee produced from his pocket and that after it was typed by the plaintiff in the office of PW-6 Chander Mohan Kashmiri, late Shri Nowrojee and the plaintiff executed the document as prospective vendor and vendee, respectively, and thereafter the .
34. Another important aspect is that law mandates that a document is to be recorded by a person who is competent to record it. The plaintiff while appearing as PW-4 has deposed that he had prepared and drafted the agreement. Question arises as to whether he was competent to do so. The answer is in the negative for the reason that he was neither eligible nor competent to draft such a document. Either it is the scribe or an Advocate, who is competent and eligible to draft document like agreement Ext.PW-4/A.