Forged vakalath and written statement

jains (Querist) 31 March 2017 This query is : Resolved
In an mact case somebody filed forged vakalath and writ stmt. Case decreed and r1 ,who was the rc owner held liable. Award holder filed exeviction petition. Wetherby r1 can file review or ptn to set aside expartee decree. ?

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Dr J C Vashista (Expert) 31 March 2017
Neither review not setting aside petition/ application is maintainable in the given circumstances. It is not an ex-parte decree.

1. Obtain certified copy of the entire court file and lodge a police complaint or complaint before area Magistrate for committing the offence of cheating, fraud and impersonation.

2. File objections and stay in execution petition.

3. Contact, consult and engage a local prudent lawyer for proper appreciation of facts, analysing of documents and circumstances, guide and proceed.

Feel free to contact.

Best wishes
Dr. J C Vashista, Advocate
# 9891152939
email: majjagdish@yahoo.com

Adv. Yogen Kakade (Expert) 31 March 2017
Totally agree with Dr. Vashista.. act accordingly.

Nadeem Qureshi (Expert) 31 March 2017
on what based you can say that those documents like Vakaltnama and written statement are forged?

if you have any evidence regarding the same then immediately file a complaint before the court in which the documents were filed and the court have power to issue notice to opposite party and get the truth.

second thing that when the case has been decree then the R-1 have legal right to file appeal or review or go to till supreme court.

if you are from petitioner's side then focus on execution

Feel Free to Call
Nadeem Qureshi Adv.
9899686394,9953809956

Dr J C Vashista (Expert) 31 March 2017
Thank you Mr. Yogen Kakade for agreeing with me.
Regards

Guest (Expert) 01 April 2017
Get entire certified copy of Court brief /file from Roznama to all and show to experienced advocate what went wrong. Every thing is required to be checked minutely word and word.

I see two possibilities with one as my experience.

1) Some one may have forged as you say

2) My experience was other brief paper got mixed up with me and whole case was dismissed by putting in wrong stage etc. And latter when I took steps Court in Judgement wrote same thing blaming Court staff for mess. There was strange kind of error done by Court staff all was latter written in reasoning in Judgment

So such kind of error takes place and have faith in Court , you need to take proper step little delay will take place but at end you will get justice