Issue of limitation
Aushaf
(Querist) 12 May 2015
This query is : Resolved
Respected Sir/Madam,
I had filed a criminal complaint in 2005 against x and y who had made a forged unregistered power of attorney and sold my land to z in year 1998 my advocate who filed criminal complaint didnt filed a civil suit for cancellation of sale deed but in year 2009 with the advice of other advocate i filed a suit for cancellation of sale deed of 1998 and in the suit the power of attorney and sale deed were sent to the handwriting expert and the report came in our favor that signature were forged now suit is for final arguments and one of the issue is whether suit is barred by limitation. can a issue of limitation is more important then other issues which are in my favor. can i take a defence that i had taken a legal a action in form of criminal complaint and my delay in filing suit be condoned...
Dr J C Vashista
(Expert) 12 May 2015
What is the advise of your lawyer? Did you put this question to him? if not, ask now.
P. Venu
(Expert) 12 May 2015
There is no limitation when you are seeking relief against an illegality.
malipeddi jaggarao
(Expert) 12 May 2015
I agree with expert Mr.P.Venu. You better ask your advocate.
Aushaf
(Querist) 12 May 2015
Sir, I am an advocate who filed a civil suit in 2009 but before engaging my services my client had filed criminal complaint by other advocate in 2005. So as an advocate I need help. Thank you.
Dr J C Vashista
(Expert) 12 May 2015
Mr. Aushaf,
You have mentioned "Partner" in your profile which I checked before writing my opinion.
The unregistered POA was executed in the year 1998 and on the authority/as attorney Sale Deed was executed in the year 1998. Subsequently when you noticed you have filed a suit for declaration of sale deed as null and void and its cancellation in the year 2009, in this eventuality limitation of 3 years is already over in the year 2001.
T. Kalaiselvan, Advocate
(Expert) 14 May 2015
The three years limitation will start from the date of discovery of the fraudulent act, i.e., a suit to declare the transaction as null and void or to cancel will be three years from the date of knowledge of the alleged illegal transaction by the aggrieved. If you have filed the suit in the year 2009 and it had been going on with the trial proceedings so far without any objection from any quarter, what is the reason for your fear now. Infact the court would have rejected the suit at the time of filing itself if the suit was barred by limitation, verify.
Aushaf
(Querist) 14 May 2015
Respected Sir, actually I have researched and got a judgment where if sale deed is made with the help of unregistered forged power of attorney then art 59 of limitation will apply. Declaratory suit 12 years...we have claimed both the reliefs cancellation and declaratory suit...if any helpful judgments are there please do help..
Biswanath Roy
(Expert) 16 May 2015
Let me know the following facts for proper opinion. namely,-
1. When you could come to know that the subject property was sold to 'z' by using a fabricated and forged POA?
2. When the property was sold sometimes in 1998 why you filed a criminal case in 2005 i.e., after a lapse of 7 years?
3. Whether or not you mentioned the facts of filing criminal case against the respondents in the plaint of your civil suit?
4. Whether or not you mentioned the facts of filing criminal case against the respondents in "framing of issues" relating to your civil suit?
5. Whether or not you submitted a copy of the petition of your criminal case against the respondents as evidence at the time of disclosure of evidence relating to your civil suit?
Aushaf
(Querist) 16 May 2015
1. My clients filed criminal complaint in 2005 for fraud and cheating, claiming 8 lacs amount as consideration for survey no 1 in which 2 lacs were paid and 8 lacs remaining along with that the defendant's had made forged poa due to which survey no 2 was sold to defendant 5. This case was filed by other lawyer and clients came to us in 2009 after that I filed a civil suit.
Aushaf
(Querist) 16 May 2015
Sir I have stated the facts regarding criminal case in the plaint and also I have given as evidence. Now the report of FSL states that plaintiff has not signed poa by which sale deed was executed. So the limitation issue will create difficulty for us or not.
T. Kalaiselvan, Advocate
(Expert) 16 May 2015
You have bee properly advised on the issues, but you seem that you do not want to understand the answer given to your queries, use your own prudence and proceed with the decision of further course of action in this regard. If the client is acing detrimental to his own case by engaging different lawyers at different points of time, hence the lawyers cannot be held responsible if the case is decided against him.
Biswanath Roy
(Expert) 16 May 2015
It appears that you are not willing to give reply to my queries enumerated under 1 to 5 above for some unknown reasons so I am sorry, I can't help.
Guest
(Expert) 16 May 2015
Biswanath ji,
The querist, as per his profile is proprietor assumingly of some firm. He also stated, "MY ADVOCATE who filed criminal complaint didnt filed a civil suit for cancellation of sale deed but in year 2009 WITH THE ADVICE OF OTHER ADVOCATE i filed a suit for cancellation of sale deed of 1998 and in the suit the power of attorney and sale deed were sent to the handwriting expert." But probably when he could not reply queries of experts, he claimed himself to be an advocate by stating, "I am an advocate who filed a civil suit in 2009," and further stated, "My clients filed criminal complaint in 2005 for fraud and cheating."
But, ignoring your valid questions on dates of events, he simply stated, "I have stated the facts regarding criminal case in the plaint and also I have given as evidence," while he wanted to ask whether, "the limitation issue will create difficulty for us or not."
So, naturally, he does not have any data and answer to your questions about events, which itself means the query was hypothetical and academic and can only be from a student.
In this case, the most crucial question is how he or his client could lay hand on the original forged unregistered power of attorney lying in the custody of some third party for the purpose of examination by handwriting expert. He has also failed to mention whom he made parties to the criminal or civil suit.
So, as per my gues, his aim was probably to seek solution to his academic exercise on the law of limitation.
Biswanath Roy
(Expert) 16 May 2015
To combat on the point of Limitation for appropriate relief my above said queries will help me to find out suitable provision of law for discharging my burden. Student authors are the headache to the experts.
Aushaf
(Querist) 16 May 2015
Sir I am advocate and started my carrier in 2009....
Aushaf
(Querist) 16 May 2015
I will give you the facts of case which will make you understand my query. My clients A and B are brother and sister. They sold property survey no 1 in 1998 the purchaser C gave 2lacs and gave a writing on stamp paper that he will pay 8lacs after 2 years. Same day C made a power of attorney of A in favor of D by trick. A didn't signed the poa but stamp paper were purchased in his name. Forged sign of A was made. 2nd poa of B was made after a week in favor of D the stamp paper is purchased for A by B in his behalf, so stamp paper is invalid and thus the power of attorney. After that D sold the land to other people.
