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tejus (advocate)     25 January 2013

Decree and judgement obtained by forged document

if decree and judgement obtained by produceing forged documents in trial court  what is legal effect in the appeal is preferred kindly let me know your views and related supreme court judgements on this issue..



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 7 Replies

M Ravinder Babu Advocate Parka (Advocate)     26 January 2013

ANYDOCUMENTOBTAINEDBY FRAUDAND...............ISVOID

LAWYERS AT CITATION

1 Like

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com)     26 January 2013

 

Such decree and Jugment is illegal AB INITIO.

 

You can initiate no of steps depending upon the nature and value of the case against the party who obtained such judgement.

1 Like

R.K Nanda (Advocate)     26 January 2013

file appeal in higher court and get the said judgement set aside .

for citations search indiankanoon.com.

1 Like

Narendra Malik (advocate)     26 January 2013

File appeal and also file criminal case under various sections of IPC i.e. 467--- etc.

1 Like

Advocate.S.A.Siddiq (Advocate)     27 January 2013

1.FILE THE CRIMINAL O.P. PETITION IN TRIAL COURT U/S 340 Cr.P.C

2.IT'S EXPARTE ORDER .. FILE SETASIDE PETITION / 

3.IF IT'S CONTEST ORDER MOVE APPEAL WITH EFFECTIVE GROUNDS

1 Like

B.K.GUPTA... (ADVISOR)     30 January 2013

Better you refer to Order 41 Rule 31 and ensure that the first appelette court follows the procedure laid down in Rule31.

If you need citations ,do not hesitate ,but first you read O41,R 31 and mention your views.

Divya (nil)     24 February 2013

Dear Tejus,

Even i am a victim of a fradu decree.....First of all you can set aside that decree in same court & court can exercise powers under 151 cpc but alongside it depends what kind of decree it is.....If its strictly mentioned by LAw or SC, that we need to go to a higher court for setting aside, then is a diffrnt option....

 

All courts have power t set aside any decree or orders under 151 CPC...U may get back on the kind of decree to the forum...Also u have a lot of steps like 340 Crpc, complaint to bar council for other adv, filing a separate criminal complaint etc...Though these are necessary steps but lawyers most often refrain following all actions.


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