Forged Signature in Plaint
Chetan Pardakhe
(Querist) 06 June 2011
This query is : Resolved
That in the PArtition suit 2 plaintiffs are resided at Canada, the other plaintiffs had mentioned their name in a plaint & thereby their signature has been made on vakilpatra and on plaint...
the defendant had asked the plaintiff (Canada) about their singature and filing of plaint through E-mail and they told that neither they had signed any vakilpatra nor on plaint.
My query is what to do ?
whetther the O7 R 11 is sufficient or any relief pls suggest.........
R.Ramachandran
(Expert) 06 June 2011
A plaint is liable to be rejected under Order 7 Rule 11 CPC under the following conditions:
(a) where it does not disclose a cause of action;
(b) where the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the court, fails to do so;
(c) where the relief claimed is properly valued but the plaint is written upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so;
(d) where the suit appears from the statement in the plaint to be barred by any law:
(e) where it is not filed in duplicate;
(f) where the plaintiff fails to comply with the provisions of rule 9;
I am afraid, none of the above ingredients are attracted, to the fact situation given by you. Therefore the question of seeking rejection of plaint under Order 7 Rule 11 CPC in your case does not at all arise.
PALNITKAR V.V.
(Expert) 07 June 2011
Mr. Ramchandran is right. Plaint can not be rejected. Another reason is that there are other plaintiffs whose signature is genuine.
N.K.Assumi
(Expert) 07 June 2011
You can ask the court to implead the right party under Order I Rule 10 of the CPC.The rest has been answered by the members regarding Order 7 Rule 11. At present I am also having similar case in hand.
Advocate. Arunagiri
(Expert) 07 June 2011
I differ.
When the signature of the plaintiffs are forged, the plaint has no merits. The plaint ought to be rejected. The person behind this ought to be prosecuted. File a petition u/s 340 cr.p.c.
N.K.Assumi
(Expert) 07 June 2011
Agreed with the above if it is discovered that the plaint is forged.In addition I would also like to point out the relevnt provisions of the IPC: Section 2 (23-25) 463,464, 192 and 193 of the Indian Penal Code.
PALNITKAR V.V.
(Expert) 07 June 2011
Dear members kindly note that all the signatures on the plaint are not forged. Some are genuine. Can the whole plaint be rejected in this circumstance?
prabhakar singh
(Expert) 07 June 2011
IF YOU ARE NOT INTERESTED TO INITIATE CRIMINAL PROCEEDINGS AS SUGGESTED BY MANY,AND
AS ODER7RULE 11 DOES NOT APPLY,YOU SHOULD MOVE AN APPLICATION U/S151 OF C.P.C. WITH HARD COPY OF EMAIL COMMUNICATION PRAYING THAT
COURT ITSELF SHOULD LODGE CRIMINAL CASE AGAINST REMAINING PLAINTIFFS FOR HAVING COMMITTED FORGERY,AND YOU SHOULD ALSO PRAY COURT TO PASS AN ORDER THAT SUIT SHOULD NOT BE DEEMED TO HAVE BEEN FILLED BY THE PEOPLE LIVING IN CANADA AS THE WHOLE OF THE PLAINT CAN NOT BE REJECTED.
IN CASE THE PLAINTIFF BEFORE COURT DENY YOUR EMAILS THEMSELVES TO BE FABRICATED,THE COURT WILL HAVE TO ISSUE NOTICES TO PARTIES LIVING IN CANADA TO VERIFY IF THEY HAVE AN EMAIL ADDRESS WITH WHICH YOU HAVE COMMUNICATED AND HAVE THEY SIGNED THE PLAINT????
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 June 2011
