Res judicate matter
M Satyanarayana
(Querist) 15 December 2012
This query is : Resolved
Sir,
I filed partition suit against my sister she resisted the partition suit claiming entire property on the basis of forged Will. Now partition suit attained finality and shares have been allotted. She has not mentioned nor pleaded relinquishment of my shares before preliminary decree. Now at the Final decree my sister again claiming Under Order 8 (1)counter claim on my share through a forged relinquishment deed. Now my position is back to where I filed the suit 16 years back for partition. Same parties, same claim, same suit but different document committing same fraud.
Do I have a right to ask the court to consider the matter under res judica and dismiss the forged relinquishment deed.
Please kindly advise.
MSN
ajay sethi
(Expert) 15 December 2012
counter claim has to be made before filing of written statement . the defence ought to have been raised by your sister that relinquishment deed has been forged .
has she filed any criminal complaint against you regarding forgery . the defence now sought to be raised seems to be an after thought
Nadeem Qureshi
(Expert) 15 December 2012
Dear Querist
no need to worry about it. You have to right to file a criminal case against your sister who used a forged relinquishment deed in court. after that you can claim your share in this property
Feel free to call
Raj Kumar Makkad
(Expert) 15 December 2012
Instead of opening a new front on criminal side, I shall advise you to get the dismissal of the subsequent evidence/objection brought by your sister at the time of framing final decree. As the matter of relinquishment deed has already been dealt with during the pendancy of the same partition suit, the same cannot be raised at subsequent stage so get dismissal under section 11 of CPC. There are numerous citations of this point.
