Fake signature

Daljit Singh Mann (Querist) 25 April 2014 This query is : Resolved
Respected Advocates,
A lady who is a retired employee filed a civil suit for declaration in March 2014 and written statement has not been filed by the defendants till now. A few days ago, the fact came to the knowledge of defendants UN-officially that on the date of filing of this suit, the concerned lady was out of India and her husband signed the plaint and vakalatnama writing the name of her wife in the absence of any power of attorney or any other authorization. Now, my question is whether before the filing of written statement, the defendants should file the application under order 3 rule 1 read with section 151 of CPC for appearance of plaintiff (lady) in the court personally and also for interrogatories and/or production of copy of passport of plaintiff. Please brief the line of action stating the relevant section/ order and rule.
Thanks

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Devajyoti Barman (Expert) 25 April 2014
File the WS first and then file such petition. if wife does not challenge her own signature, you do not have much option.

Rajendra K Goyal (Expert) 26 April 2014
File WS and proceed with the case on merits. During her evidence you have opportunity to cross her.

T. Kalaiselvan, Advocate (Expert) 28 April 2014
You will be having chance to prove the said lacunae so, file the written statement within the stipulated time and take up the matter during trial.

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