Order 6 rule 16 and order 7 rule 11 of civil procedure code

Querist : Anonymous (Querist) 23 September 2011 This query is : Resolved

Sir,

I contested for 15 years against my sister to prove forged will of my mother now I hold a preliminary decree and filed proceedings for final decree in the court. The against party now to harass me filed a forged relinquishment deed.

Since the suit is still pending and there is judgement which is in my favour and now again the against party filed forged unregistered relinquishment deed knowingly that it is a forged document and just to abuse the process of law he filed forged relinquishment deed.

Can I oppose the unregistered relinquishment deed Under Order 6 Rule 16 or Order 7 Rule 11 U/sec 151 C.P.C. What is the remedy if it is admitted by the court. How can I get justice from fradulent pleadings of the against party i.e. my sister. Just to harass me she is filing one or other pleadings to obstruct getting final decree.

Please kindly let me know what is the remedy to such frivolous litigations.

Thanking you,

Yours truly,

M.S.N.

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Shastri J.K. (Expert) 23 September 2011
In this stage no meaning of document filed by the against party.

prabhakar singh (Expert) 23 September 2011

order 6 rule 17 relates to amendment in pleadings,while order 7 rule 11 relates to rejection of plaint,so it is not clear from any corner ,if they really apply to facts stated.If you want to prove the document filed as forged and unregistered,you need to challenge it under s 17 Registration Act and Evidence Act.

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