Legal Question in Civil Rights Law in India

CAN AFFIDAVIT EXECUTED IN COMMON BY MEMBERS ALONG WITH NON-MEMBERS OF SOCIETY MADE IT ILLEGAL, NULL & VOID ?

(01) Dear Experts, in anticipation I am thankful to all of you.

(02) I have filed a Dispute at Co-operative Court, Mumbai, India, appearing in person since last Seven years, against my Society which is Co-operative Ownership Housing Society.

(03) The Opponent Society has filed its examination-in-chief, with same they annexed Affidavit executed in 2009 by FIVE members of our Society, wherein a false story of 2003 is created. In that Affidavit of 2009 it has mentioned that--

�It was decided in S.G.B. meeting which took place on 30.03.2003 to develop Society and to give development right to our member Mr. ANP. The decision for redevelopment was taken wherein it was decided to give development right to Mr. ANP�.

(04) Out of the five affiants who executed said Affidavit, covering the false event of S.G.B. meeting of 2003, one affiant/person (Mr. K.) became member of Society after one year i.e. on 01.04.2004. Therefore it is obvious that person (Mr. K.) was not present in the meeting of 30.03.2003, if at all it was held.

(05) This means that the Society and that person (Mr. K.) committed fraud by creating false evidence by a person who was not a member of Society on the date of that event.

MY QUERY:

(a) Can this act of Society and act of that person (Mr. K.) be consider as FRAUD, since created false evidence as not member in 2003 ?

(b) Can the WHOLE Affidavit executed by five members in common become illegal, null & void by holding principle Fraud vitiates every solemn act ?

(c) Can the event of S.G.B. meeting of 2003 covered in that affidavit also become illegal, null & void ?

(d) Is it necessary for each of affiants to come to Court to give their witness and get cross examine by me, in support to their contention in affidavit executed by them ?

(e) Without getting cross examine by me, can their contention of Affidavit be considered as true evidence ?

N.B.: Since I have kept my Query to limited issue only, therefore not explaining about whole matter.

Thanking all in anticipation, once again.

Ashok. E.mail: [email protected] Tel.:098691 02755.

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