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S. S. Rathi (other)     13 June 2025

Sign verification after 10 years

I am plaintiff in civil suit, matter posted for cross of witness of defendants but I will make application for sign verification by handwriting experts where defendant makes forged sign of me and use fake rubber stamp of my name, I also request to give exhibit to one envolap which is send by defendant to me on which fake rubber stamp of my name used by defendant, same stamp used on forged agreement where forged sign by defendants. 

But defendant advocate file citation that after 10yrs of filing of suit so it's delay. And plaintiff not make application for sign verification.

( Application by poa holder of suit i.e. me and forged sign matter related to my sign me) 

I also mentioned that poa holder is consider as plaintiff and there is no delay in application of sign verification as Marathi language affidavit filed by defendant witness one month ago

 I am part in person appear and matter posted for order on my application.

Pls guide me urgently and if honble court not allow sign verification and denay to exhibit envolap on which forged rubber stamp used by defendant. What remedies available for me 

It's possible to file FIR aa matter related to 2011 year.

Pls guide



 14 Replies

Dr. J C Vashista (Advocate )     13 June 2025

Multiplelegal  issues are involved in  the query.

It is advisable to contact and engage a local prudent lawyer for proper analyses of facts / documents, guidance and necessary proceeding.

R.K Nanda (Advocate)     13 June 2025

Take help of local lawyer. 

T. Kalaiselvan, Advocate (Advocate)     13 June 2025

You can always file a petition seeking opinion of handwriting experts with regard to the disputed signature and also raise the issue of frabricated rubber  stamp through FSL or at least you can seek permission of court to send the papers for handwriting experts opinion with regard to the disputed signature even at this stage while the trial had just begun.

The opposite advocate can no doubt object but it is for the court to decide. 

S. S. Rathi (other)     13 June 2025

Sir court has refused for exhibiting envolap marked as exhibit which is filed with written arguments as other side advocate say that my evidence already closed.

Now matter for order on sign verification application, may be reject on ground of delay.

So what is next step taken from side, appear to higher court is only remedy for me

 

T. Kalaiselvan, Advocate (Advocate)     14 June 2025

Plase note that the exhibits cannot be marked during the argument stage.

If at all you want to mark any additional document as exhibit before the court then you may have to file a petition to reopen and recall the witness and the permission to file addtional documents through the witness for marking them as exhibits. 

S. S. Rathi (other)     14 June 2025

Thank you sir your guidance 

Written arguments filed on application for sign verification by me along with fake envolap and request to mark exhibit, But court refused.

Defendant witness yet to be cross examine after order on application of sign verification 

So how to exhibit it and if sign verification not allow then how what is best option to me.

Whether high court or criminal court as matter is 14 yrs old.

T. Kalaiselvan, Advocate (Advocate)     14 June 2025

First of all you have not followed the procedures of law to mark the doicuments as exhibit from your side, which ca be marked by the witness during evidence deposition or witness examination either in chief or during cross examination.

An argument based on an unmarked document will not be considered by court as an evidence  to pass any orders in favor of the person presenting the arguments.

It appears that you have been misguided about the procedures of law for conduct of case in a court of law either by your advocate or you have ignored your advocate's instructions or perhaps you are appeareing as a party in person wiothout knowing the rules of civil practice.

You may consult any othe experienced and knowledgeable lawyer in the local or outside to get elcited about the procedures of law in this regard so that you do not miss the bus again and again.

 

Dr. J C Vashista (Advocate )     15 June 2025

Basic procedure to exhibit a document is incorrect which cannot be considered at this stage untill witness is recalled to exhibit.

You have stated in your post, inter alia, that, "Written arguments filed on application for sign verification by me along with fake envolap and request to mark exhibit, But court refused." What do you want to communicate is not clear, (absolutly confusing) and vague to form an opinion and oblige.

What is your locus standi to the suit i.e., whether you are counsel for  either (which) party or party in-person ?

It is better to consult a local senior lawyer for proper appreciation of facts / documents of the case and professional advise.

S. S. Rathi (other)     16 June 2025

Sir 

As I'm plaintiff poa holder appears part in person.

Now matter posted for cross of defendant witness, partial cross examination started but I filed application for sign verification, matter posted for order on my application, defendant advocate argu that this application filed after 10 years and not by plaintiff it's filed by POA holder so reject with cost.

If my above application rejected then honble court ask to take cross examination of defendant witness on same day.

What can I do if my application rejected 

1. Challenge order at higher court as sign verification is very crucial to this case

2. It's possible to file petition u/Order 18 rule 17 r/w sec.151 of cpc to reopen plaintiff evidence to receive documents. 

3. Take cross examination of defendant witness 

Pls guide whether petition to reopen plaintiff evidence at this stage is possible 

 

Dr. J C Vashista (Advocate )     16 June 2025

Q 1 & 2 are same where you should challenge the order at the earliest to get the plaintiff's evidence reopen with instructions for Trail Court to stay proceedings.

Q 3 Intimate the court to wait for orders of Higher Court on your petition u/o XVIII Rule 17 r/w Section 151 CPC and adjourn the case.

If the court do not agree start defendant's evidence and ask/intorduce for some document relevant in his evidence, which you will have to find out from examination-in-chief of the witness and try to take an adjournment with the sole aim to delay cross-examination of the witness. 

S. S. Rathi (other)     17 June 2025

Matter posted for order on application for sign verification filed by me as plaintiff

can I file another petition u/o XVlll rule 17 r/w sec. 151 cpc to reopen plaintiff evidence on same date i.e. order on my appl. for sign verification (after rejected by court) 

Or

only file appl. of adjournment for challenge order on sign verification at higher court 

T. Kalaiselvan, Advocate (Advocate)     17 June 2025

1. If the court rejects pr dismisses your applicaiton for verification of signature of the defendant after hearing both the sides, then you obtain a certified copy of the orders and file a civil revision petition before high court seeking to set aside the trial court order and to direct the trial court accordingly and to stay the trial proceedings until then.

2.  If the plaintiff side evidence is closed and the plaintiff is desirous of filing any additional document, then he has to file a petition to reopen and recall the himself for marking additional documentary evidence, provided court permits.

3.  If you want to complete the cross examination of the defendant, then you may have to wait until the court disposes your IA seeking permission of signature verification. without waiting for the court .

You have to wait for the trial court to pass an order on the IA filed by you after which you can decide about filing any other application or to approach high court for the relief against the aggrieved orders passed by the trial court in the IA filed by you.

S. S. Rathi (other)     17 June 2025

Thank you very much all the experts for your valuable guidance to me 🙏 

T. Kalaiselvan, Advocate (Advocate)     18 June 2025

You are welcome for the appreciations


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