Time limit for filling the criminal suite & forgery suit
sangameshwara
(Querist) 26 December 2011
This query is : Resolved
Year 2006 we have taken a PERMANENT INJUNCTION & OPPOSITE PARTY ALSO TAKE PERMANENT INJUNCTION ON A CIVIL SUIT.
From 2006 nothing progress on the above said.
Now we are plan to file a CRIMINAL SUIT * FORGERY SUIT.
Is there any time limit for filling the criminal suite & forgery suit.
Devajyoti Barman
(Expert) 26 December 2011
If the forgery is based on the same documents in relation to which the civil cases are already pending then the criminal case has now become time barred.
If the forgery is in relation to some other documents then you may try.
sangameshwara
(Querist) 26 December 2011
Its with the same pending civil case, now how to approach court for speedy action .
From 2006 injunction is only there, other then that nothing has moved by our advocate.
How to Handel this?
Devajyoti Barman
(Expert) 26 December 2011
Go for expeditious trial of case.
The criminal case is no more maintainable.
Nadeem Qureshi
(Expert) 26 December 2011
Dear Sangamshwar
Read section 467 t0 section 473 Crpc
feel free to call
ajay sethi
(Expert) 26 December 2011
where are you located ? in Mumbai atleast commercial causes cases take more than 15 years to be disposed of .
sangameshwara
(Querist) 26 December 2011
At present injunction suit filed by both the party,
Now again we have file FORGERY SUIT or CIVIL SUIT?
Opp party issued a notice to attend the court. due to some reason the party could not attended, is it possible to reopen the case now?
ajay sethi
(Expert) 26 December 2011
if notice was issued and you faled to attend what was the order passed by court in your absence . was the hearing adjourned? fresh date given . ? or order passed?
ajay sethi
(Expert) 26 December 2011
if court has passed an exparte order you have to take out an application for setting aside exparte order
Shonee Kapoor
(Expert) 26 December 2011
Rightly advised/
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 26 December 2011
Rightly advised Expert : ajay sethi
sangameshwara
(Querist) 26 December 2011
If court is granted us, we have to proceed the same or shall we file a separate civil suit?
prabhakar singh
(Expert) 26 December 2011
YOU NEED TO FILE AN APPLICATION IN THE SAME SUIT SHOWING GOOD REASON BY WHICH YOU ABSENTED TO APPEAR IN THE COURT ON THE DATE COURT PASSED EXPARTE DECREE AGAINST YOU.AFTER THE COURT SETS ASIDE THE EXPARTE IT SHALL GRANT YOU A TIME TO FILE A WRITTEN STATEMENT AND THAT WOULD BE THE TIME THAT IF YOU HAVE ANY CLAIM AGAINST THE PLAINTIFFS FILE A COUNTERCLAIM ALONG WITH YOUR WRITTEN STATEMENT INSTEAD OF FILING ANY FRESH SUIT.
prabhakar singh
(Expert) 26 December 2011
ONE THING MORE I MISSED TO TELL THAT IF YOUR CLAIM IS RUNNING OUT OF TIME OR IT IS URGENT IN NATURE AND YOU NEED SOME INTERIM RELIEF AT ONCE THEN YOU THEN FILE YOUR SUIT FORTHWITH AND ALSO PETITION FOR SETTING ASIDE THE EXPARTE.
Dr J C Vashista
(Expert) 29 December 2011
No criminal case lies in these circumstances except when an order passed by the Court is disobeyed, then provisions of Section 340 Cr.PC may be invoked.
However, once you are ex-parte, get is set-aside and proceed.
