specific performance criminal complaint not filed by defenda


what will be effect on a suit of specific performance for not filing a criminal complaint against plaintiff for drafting a false document....I am from defendant side . Any citation for me??

 
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Legal Manager

As a defendant you should have filed a criminal complaint against the plaintiff, if the plaintiff has created a false document.

 

Since you have not filed a criminal complaint, the inference of the court would be against you holding that your statement is a mere allegation without substance or proof and it may form a good ground for the plaintiff to succeed.

 
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Legal Advisor

It is necessary to file a criminal complaint against the plaintiff for fabricating a false document.At the time of evidence the false fabricated document must be sent for forensic report , the court will send the document for forensic examination and report  on the application of the concerned person.


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Advocate/ Senior Partner

 

Dear Mr. rohit,

Mr. Khaleel is right. The failure to file a criminal complaint will not in any manner prejudice your suit. You can file an application in the suit to refer the forged document for forensic examination and once the same is established, you can get the suit dismissed.

Thanks,

N.Ramakrishnan, ADV 

 
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Lawyer

Move an application under 340 Cr.PC befpre the trial court.


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Advocate & Legal Consultant

Thukral sir is rigtht.

 
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President

In my case the plaintiff has filed a xerox of a forged document and claims the orignal was lost. Can criminal case be file against them.

 
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The Judges avoid action on Petition U/s 340 Cr.P.C.
 
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