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RohitChhaba (n/a)     15 October 2009

specific performance criminal complaint not filed by defenda

what will be effect on a suit of specific performance for not filing a criminal complaint against plaintiff for drafting a false document....I am from defendant side . Any citation for me??



 7 Replies

R.R. KRISHNAA (Legal Manager)     15 October 2009

As a defendant you should have filed a criminal complaint against the plaintiff, if the plaintiff has created a false document.

 

Since you have not filed a criminal complaint, the inference of the court would be against you holding that your statement is a mere allegation without substance or proof and it may form a good ground for the plaintiff to succeed.

Khaleel Ahmed (Legal Advisor)     15 October 2009

It is necessary to file a criminal complaint against the plaintiff for fabricating a false document.At the time of evidence the false fabricated document must be sent for forensic report , the court will send the document for forensic examination and report  on the application of the concerned person.

1 Like

N.Ramakrishnan (Advocate/ Senior Partner)     15 October 2009

 

Dear Mr. rohit,

Mr. Khaleel is right. The failure to file a criminal complaint will not in any manner prejudice your suit. You can file an application in the suit to refer the forged document for forensic examination and once the same is established, you can get the suit dismissed.

Thanks,

N.Ramakrishnan, ADV 

H. S. Thukral (Lawyer)     15 October 2009

Move an application under 340 Cr.PC befpre the trial court.

1 Like

Satyaprakash Sharma (Advocate & Legal Consultant)     15 October 2009

Thukral sir is rigtht.

x (President)     17 October 2009

In my case the plaintiff has filed a xerox of a forged document and claims the orignal was lost. Can criminal case be file against them.

Rajinder Bhatia (Advocate)     11 November 2009

The Judges avoid action on Petition U/s 340 Cr.P.C.

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