How to add points in a previously filed appli u/s 151 cpc ?

Zeeshan (Querist) 01 May 2025 This query is : Resolved
I have a declaration case pending at karkardooma court, Delhi. The late tenant's son made fake agreement to sell and GPA stating that the shop was purchased by their late father From some 3rd person. I know all the papers have fake signs.

I have filled an application u/s 151 for sending the papers to CFSL and handwriting expert to verify signs of 'seller' only as I have only 'seller's original signatures but do not have original signs of 'buyer' / 'original tenant'.

The application was pending for rebuttal and argument.

Now, I got original signatures of late 'tenant' also from a 'Registered sale deed' of some other property bought by the tenant when he is alive.

How can I ask judge to accept that Sale-deed and send late tenant's signature also for CFSL/ handwriting expert along with seller's signature ?

Ammend or add in main application u/s 151 CPC ?
or any other method ?

Please Reply
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Quick Summary

This discussion addresses how to incorporate new evidence, specifically an original signature from a registered sale deed, into a previously filed application under Section 151 of the CPC. The original application sought to send documents for CFSL and handwriting expert verification. Options discussed include amending the existing application (if it doesn't change the relief sought), filing a fresh application with the new documents, or withdrawing the current application to file a new one. Submitting additional documents for FSL examination is also mentioned as a possibility.

kavksatyanarayana (Expert) 02 May 2025
In my view, yes. But that amendment shall not change the nature of the relief sought.

Dr. J C Vashista (Expert) 04 May 2025
There is no provision to amend an interlocutory application, file a fresh application.

T. Kalaiselvan, Advocate (Expert) 07 May 2025
you can generally submit additional documents to an FSL report. Courts can direct that documents be sent to the FSL for examination and expert opinion. This is often done to verify signatures, compare handwriting, or examine other relevant evidence
If that is not possible then you can withdraw the pending IA by filing a petition or a memo seeking leave of the court to file a fresh petition with additional documents.

Zeeshan (Querist) 08 May 2025
Thanks you all for your kind reply.

T. Kalaiselvan, Advocate (Expert) 19 May 2025
You are welcome for your appreciations

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