law of limitation for dismissing a suit
Sunderraj
(Querist) 30 March 2010
This query is : Resolved
A civil suit was filed against me in the year Jan 2008, an exparte injunction was obtained on frivolous ground.
The petitioner's have forged my signatures. Any provision in law where I can file a forgery case in the civil court?
Even as on date the actual trial has not started. Since 8 months the petitioner has not attended the court and is not being rep. by the counsel and the court is granting them time.
My query is how long can the petitioner's drag on the case is there any provision by which the suit could be dismissed on technical grounds with out being recalled and set aside.
niranjan
(Expert) 30 March 2010
First you file the written statement and reply to interim stay application narrate all details, and then press for hearing of that application.For forgery you will have to file criminal complaint. In civil matter you can submit an application to the court to send yours and disputed signatures for comparison to the expert.Until the stage of evidence is reached tou cannot get suit dismissed otherwise than under O,7.
Parveen Kr. Aggarwal
(Expert) 31 March 2010
You have not stated on which document your signatures have been forged by the petitioner. In case the forgery is made in the court then you can file an application under section 340 of the Code of Criminal Procedure, 1973. Otherwise, you will have to file a criminal complaint in the Court.
If the petitioner (Plaintiff) is not attending his case personally on the date fixed for hearing nor his counsel or any other authorised representative attends the case, the court may dismiss the suit under Order 9, Rule 8 of the Code of Civil Procedure, 1908.
