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Zeeshan (Hidden)     30 September 2025

How to reach highcourt for forensic report of tenant's fake property papers ?

I have a case of Declaration pending with a tenant who claim himself to be the owner of my father's shop on the basis of fake papers.

In the court, I filled an application for  sending papers of tenant to forensic lab to verify papers and signatures. The court dismiss my application stating, :-

" the plaintiff wishes the court to conduct a roving enquiry on his behalf. In view of the aforesaid observation, the court is of the view that there is no merit in the applications of the plaintiff seeking comparisons/verification of the documents filed by the defendants. "

The reason is very filthy . 

Now I want to reach Highcourt. Please suggest me under which section/provision the case is to befilled in highcourt ?

Thanks.



 5 Replies

T. Kalaiselvan, Advocate (Advocate)     01 October 2025

A roving inquiry isn't based on a defined complaint or a specific violation but rather a general desire to find information.

 It stems from mere suspicion or a hunch rather than from established evidence or a "reason to believe" that a crime or violation has occurred. 

The investigation is not limited to specific issues but expands broadly, potentially covering a wide range of materials and individuals. 

Courts strictly prohibit a roving enquiry at early stages, such as at the time of framing charges. At this point, the court is meant to evaluate the materials already on record, not to help a party gather new evidence.

You can move the High Court, but the specific legal remedy depends on the nature of the application that was dismissed and the specific legal context (e.g., criminal, civil, or administrative). 

Under the Code of Criminal Procedure (CrPC) or Code of Civil Procedure (CPC), a revision petition can be filed against an interlocutory order passed by a lower court. You would argue that the lower court's dismissal of your application was an improper and incorrect exercise of its jurisdiction.

If the dismissal of your application results in a grave injustice or the lower court acted in excess of its jurisdiction, you can file a writ petition under Article 226 of the Constitution of India. This is generally sought when there is a violation of a fundamental right or a significant abuse of power. 

 
1 Like

Dr. J C Vashista (Advocate )     01 October 2025

Before proceeding you are required to understanding crux of the orders on your application for referring documents filed by defendant/ Tenant to FSL for verification passed by Ld. Trail Court, which states, inter alia, that, 

"......the plaintiff wishes the court to conduct a roving enquiry on his behalf........"

If you may appreciate the term roving enquiry (as found from google) used by Ld. Trail Court means,  

A roving or fishing enquiry is an investigation initiated on vague suspicions or general assumptions without specific allegations or evidence, which is generally considered improper and impermissible in legal proceedings, particularly in India.

As I  observed moving to High Court in a revision petition or an appeal would be a futile exercise.

1 Like

Zeeshan (Hidden)     01 October 2025

Sir, 

I have write in detail which signatures are forged , copied. Also how do court come to conclusion who's papers are original ? Mine or tenant's ? Without forensic test of papers & ink's age etc. 

Also, tenent's son also copied / forged his father's sign.

How do court decide ?

T. Kalaiselvan, Advocate (Advocate)     01 October 2025

You are aggrieved by the trial court decision which dismissed your IA for the reasons stated therein.

Therefore you can get your grievances redressed by filing a revision petition before high court by filing a civil revision petition seeking to set aside the trial court order and to direct the trial court to allow your petition on merits.

In the CRP before high court you don't have to insist on the pleadings made in the IA before the trial court instead you can discuss about your grievances caused by the trial court by dismissing your application without application of mind or against natural justice.

You don't have to directly ask high court to permit you to refer the matter to the forensic department.

1 Like

Sristi Nimodia (Legal Consultancy)     07 October 2025

- A litigant should pursue to file a writ under 227 of the Indian Constituion to challange the 
dismissal on the grounds arbitrarness, perverse, miscarriage of justice.

1 Like

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