Is order 2 rule applicable on defendant too?

This query is : Resolved 

22 October 2019

Hello dear lawyers,

One civil case is in its last stage and I am a defendant. The case is regarding the title of immovable property.
But in the last stage of my case as a defendant I found evidence in which my signatures have been forged and some fake deeds are prepared. I was not aware of those documents.

I want to file one civil suit against the plaintiff to declare the forged documents null and void by the court.
I just want to know that--

Q) Does Order 2 Rule 2 of CPC applicable to defendants also?
means i needed to submit the documents and in my ongoing case only and if i file another civil suit it will be dismissed in Order 2 rule 2 CPC.

I just want to know if Order 2 Rule 2 OF CPC applicable to defendants also????

Dr J C Vashista (Expert)
24 October 2019

Of course it is applicable to both the parties.
However, as per facts posted by you, provision of Rule 2 of Order II CPC is inapplicable and it is a clear case of fraud and cheating besides purjury committed by plaintiff, if you can prove.
It would be better to consult a local senior lawyer for better appreciation of facts/document and guidance.

P. Venu (Expert)
24 October 2019

No definite opinion is possible unless the facts are discussed and documents perused. The best option is to amend the Written Statement, if permissible at the present stage of the proceedings.

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