Ipc 465
Rasheedkhan
(Querist) 14 March 2012
This query is : Resolved
Magistrate closed case as Mistake of Fact
Criminial Revision Highcourt denied to reopen FIR IPC465 on account of civil suit pending and asked complainant to seek justice at District Munsif.
civil suit dissmissed based on compromise.
Plaintiff filed restore petition District Munsif under section 151 stating that compromise agreement signature obtained by dependant based on fraud. Plaintiff is senior citizen. Restore petition dissmissed by District Munsif.
Is it possible to Plaintiff can go to appeal (restore petition) Highcourt to restore his original suit (civil side) Based on high court judgement to prove document forged at Munsif court?.
Shonee Kapoor
(Expert) 14 March 2012
First you would have to file a case of forgery.
On the same time you can file for restoration. Restoration would only be accepted when the statement is not recorded and only based on the compromise deed the suit was decreed.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Rasheedkhan
(Querist) 14 March 2012
Mr.Shonee Kappor, statement was recorded by District Munsif. After one week plaintiff filed petition under CPC 151 to restore original suit. But Munsif dissmissed restore petition after hearing both party. Still, Judgment for restore petition not received by me. Any possibility to appeal against order or District Munsif restoration petition section 151 based on High Court judgment (Criminal Revision) asking Munsif to get remedy at District Munsif for reopon FIR u/s IPC 465.
Rasheedkhan
(Querist) 14 March 2012
Dear Mr. Shonee Kapoor, Original Suit dissmissed based on compromise agreement. compromise recorded by District Munsif. Suit was dissmissed. Before, compromise decree passed Plaintiff filed restore petition. But, Munsif dissmissed restore petition after heard both side. Any possibility to appeal against order of restore petition by District Munsif. Plaintiff is senior citizen.
Rasheedkhan
(Querist) 14 March 2012
Dear mr. Shonee Kapoor, Plaintiff submited restore petition along with affidavit within time limit i.e. after one week of compromise recorded by District Munsif.
Raj Kumar Makkad
(Expert) 15 March 2012
Revision is application against the dismissal of the restoration application but as the suit has also been dismissed so it shall be better to file an appeal.
PARTHA P BORBORA
(Expert) 15 March 2012
but the problem is - how you prove that the signature obtained in a compromise duly recorded by a civil judge is a false one? In my opinion you have a little hope.
