Forgery in a civil suit
Yogesh Kumar Gulati
(Querist) 04 January 2014
This query is : Resolved
In a civil suit filed against me there were two plaintiffs named in the plaint. However, Plaint was not signed by 2nd Plaintiff nor his consent/vakalatnama was there. The plaintiff counsel failed to produce his consent/vakalatnama till the dismissal of suit under O-7 R-11 of CPC being time barred. The court too had observed this in order. Whether it amounts cheating by plaintiff's counsel as -
1. By pretending himself falsely before court as counsel of the two plaintiff's, signed the plaint as plaintiffs counsel and falsely presented the plaint as plaint of both the plaintiffs and got the order from court that the plaint be registered & summons be issued to defendants.
2. Further, the signatures of the 1st plaintiff are altogether different in every document. Vakalatnama, Plaint and its affidavit, Interim Injunction Application & its affidavit and one other applicaton all bears 4 types of totally different signatures. I have got the opinion of Handwriting expert in the matter who says that the aforesaid 4 types of signatures are appended by minimum 3 different persons. Thus the two affidavits of 1st Plaintiff, submitted in court are signed by persons other than 1st plaintiff. However the actual 1st plaintiff has joined him now and says that all the signatures are his own.
The, appeal is filed with actual english signatures of 1st plaintiff whereas in suit all 4 different types of signatures were in Hindi.
What should be my stand in appeal beside merits of the case? Can, I initiate criminal proceedings in the matter?
Nadeem Qureshi
(Expert) 04 January 2014
Dear Querist
you can file an application before court u/s 340 of crpc against him.
ajay sethi
(Expert) 04 January 2014
as on date plaint is rejected by trial court . in appeal filed by original plaintiff you can take the plea that plaint has not been signed by plaintiff but signature appears to be forged .
filing of criminal proceedings will entail you spending more time and money in court and legal fees .
