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Can the case be prolonged to over a year for Written Statement Sessions? 

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Civil Law

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Question: I have a ROR for a Land parcel ( Land1 ).  I wanted to sell it. A person with whom I had made an agreement to sell for a different land i.e. Land2 lodged a false Civil case against me that I had made an agreement with him to sell the Land 1 and accepted a part of the money, but I was not accepting the remaining  money for the last 3 years. In support he produced a False Document of Agreement to sale Land1. He photocopied the signature part from the Land2 document. 

Fortunately he copied not just my signature but also the other details  Handwritten by me (names and the words “BUYER” and “SELLER”  along with his own signature also). With these details I could recognise the source of signatures used in forged documents. Although I had a Cellphone  photo of the Land2 document I was unsure if that would stand as a proof…   original document is with the person, I kept mum on the source of signature because I thought that I can create some surprise element during the case proceedings when needed. 

Even after almost a year the case is still in WS status after 4 deliberations and now again there is one more WS deliberation in March 2023 End  so again nothing will happen till June/July because of vacations. I asked my lawyer details and why so many WS sessions..  he says it is a regular procedure. As per eCourt , details the WS was given during 1st deliberation itself,  what business took place in other WS sessions is not shown in eCourt reporting. 

In order to expose the signature fraud I could bring a FIR thru Magistrate to verify the signatures in document produced in Civil Case. Although FIR has a FIR number it does not appear in Police FIR details website.  I also do not have Criminal case number lodged with Magistrate. My vakil says FIR number is same as CC number but that is wrong. 

When I asked him the status he says it is not for you..  it is between Magistrate and Police and Me ( Lawyer ). When the investigating officer of FIR called me, I said there is no such agreement and does he have any proof of money that he says he paid me? In turn the officer produced a purported receipt.  Fortunately the dumb  fellow produced the copy of Old agreement with him for Land2 with very obvious changes using White Correction Fluid. 

I Immediately sent my rejoinder to Investigating officer comparing both the document signatures produced by the opposite party pointing out that the whole signature area from Land2 doc has been Copied for forging the signature of Land1 doc. On enquiry of the current status the Investigating Officer says that the civil court is not releasing the document for forensic investigation. 

I am 75 years and there is no one else who will take over in case I am no more. ( intend to donate the money to Charity by selling the land. ) 1. Is it common to have several WS sessions in civil court? When I asked this to my Lawyer he says ‘I Can’t explain you ..  it is regular process. ‘   But when I tried to see the Case histories of other cases in same court maximum WS sessions were 3 in about 20 % cases. 2. In FIR case,  will the civil case document be not released for Forensic Investigation by Police authorities for Criminal Case Investigation? Is there a way to appeal for a possible FIR laxity? 3. Unlike Maharashtra, there is no special status for Senior Citizens in Telengana.  Can I shift to Maharashtra and ask the case to be transferred there because of age factor? 

Asked from: Telangana

The plaintiff is trying to prolong the civil suit. In this situation you should approach the High Court under Article 227 of the constitution of India for expedite disposal of the case. The High Court may direct the subordinate court to dispose of the case within a stipulated time. Thereafter, the civil judge shall not grant long dates and more opportunities for filing WS. If the civil judge gives unnecessary adjournments, he’ll commit contempt of the court. 

So far as forensic examination of the forged document is concerned, you should move an application under Section 156(3) of the code of criminal procedure (crpc) for sending the crime material (forged agreement to sell) for FSL. If the crime material is custodia legis in the civil suit, the investigating officer can request the court under Section 91 crpc to hand over the agreement to sell for forensic examination. 

When the investigating officer makes such a request the accused (plaintiff in civil suit) cannot oppose that is it against the right to self incrimination as provided by Article 20(3) [State of Bombay Vs Kathi Kalu reported in AIR 1961 SC 1808] Therefore, the civil court will provide the forged document for forensic test.

For the laxity of investigation the Magistrate has the power to monitor the investigation and pass any order necessary for speedy completion of investigation. Hence, you should move an application to the magistrate under Section 156(3) crpc for speedy investigation. If the magistrate does not act on your application then you can file a writ petition before the High Court under Article 226 constitution for speedy completion of investigation. 

Your advocate is giving wrong advice that FIR is the subject matter of court, accused and advocate. The victim is the only person who is suffering from forged documents. Hence, your interest stands at the highest pedestal and the court cannot ignore your interest. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

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