challange the decree up to 2nd appeal
Querist :
Anonymous
(Querist) 30 December 2009
This query is : Resolved
two pronotes, their is no defendant signature. but over all decree passed against the defendant. but the defendant filed private complaint and get order to proceed to veryfy signature. in this time the plaintiffs got stay against the proceeding from supreme court and continueing the EP proceeding the defendant died by fetal accident. the plaintiffs avoid the signature verification. in this circumstance, can the legal heirs challange the decree of judgemen? if so on by which way to expose the signature verification in legal way and which forum?
Raj Kumar Makkad
(Expert) 30 December 2009
Decree can be challenged by legal heirs at the same stage left by their predecessor in interest. Even additional evidence can also be led and meantime stay order over the execution petition can also be obtained, if not already obtained.
The matter of filing private complaint is not understandable. Why a criminal complaint was filed in a pure civil matter wherein the decree beyond the facts on the file was passed in favour of the plaintiff. It was required to be challenged rather filing criminal complaint. It is necessary to get setting aside the decree otherwise executing court has very less options but to execute the decree in the same manner.
