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Case filed based on False Sale Agreement 

Shivendra Pratap Singh

Advocate

21/06/2022

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Question: I am 74 yrs old so don’t want the case to drag on for obvious reasons. Hence this query. Never had a brush with court in these 74 years but NOW I have been made respondent in a case against me based on a clearly Forged document. 

Bought 1 acr land in 1995. Got it mutated in 2019. During mutation son of seller raised objection claiming that it is ancestral property so should not be Mutated.  Revenue officer overruled and granted the ROR in my name.  This is 2019. Now, the same person has filed a false claim that: “ we had entered an agreement in 2018 that I will sell him the land for 8 lakhs and I accepted 5 lacs that time but I have not finished the deed for the last 4 years. So he is compelled to publish a  paper ad warning the public to not buy the land.” 

He filed a civil suit and requested the court for status quo on property. Summons not received. So right now status quo is in force. Case came for 1st hearing on 7th June but that day only Vakalat was filed and now next hearing is in September but the agenda is WS. 

Since it is a false document, its examination will immediately prove that the case need not be continued. ( I have a copy of the document from which he photocopied the signature. He is dumb so copied a couple of my hand written lines also along with signature.  So actually it should be a Open and Shut case) Seeking your advice ( More on court procedures ) to quickly finish the case  if any way is possible in your view. 

Can I request court before the next hearing that the case is based on False document so it should be sent to Forensics. If it is not possible then can it be stated in WS in the next hearing?  Will the court read WS that time or will it read during 3rd hearing only and THEN it will be sent for FSL? My case alone is scheduled for next hearing after 3 months but all cases on that day were placed within 45 days so some foul play seems to be there to extend the case beyond my lifetime if possible. Dates are allotted by court or a babu in the court office? 

To hasten the case , would it be wise to file a criminal private case with the Magistrate for forgery and  contempt for misleading the court based on forged documents? Will the Magistrate dismiss the appeal straightaway saying that a civil case is already on? Police refused to accept the FIR of forgery so I have sent a petition to DSP to look into it. Because it is a false case I do not want to go in for a compromise to settle it fast. 

Do you have any other way for a quick turnaround? Do you have any views on how to hasten the court decision? Generally how much time will such a  case drag?. 

Asked from: Telangana

First you should approach the court of judicial magistrate under Section 200 of the code of criminal procedure for lodging a criminal complaint against the son of the seller (plaintiff) for the offence of forgery punishable under Section 420/465/468 of the Indian Penal Code. 

You have evidence to prove that your signature on the document (agreement to sell) is forged because it has been photocopied from another document. The court may direct the police officer to register a case and do the investigation. 

During the investigation the investigating officer (IO) can send the document to the forensic expert and obtain his opinion. If it proves that document is forged the IO shall submit a chargesheet. 

On the next date of hearing in the civil case, you should prefer an interlocutory application (IA) under Order 7 Rule 11 of the Code of Civil Procedure for the rejection of plaint because it does not disclose a cause of action. The plaintiff has filed the suit on the basis of forged documents hence, there is no real cause of action for the institution of suit. 

If the forgery is apparent on the bare perusal of the document then the court shall reject the plaint. Otherwise during the hearing of IA you may plead the court to take the opinion of a forensic expert before deciding your application. The court can seek the expert opinion before disposing of the IA. In that IA, you should also state the facts of the criminal case initiated against the plaintiff. 

During the pendency of IA the police may file a chargesheet against the accused. Once the charges have been framed against the accused (plaintiff) you can pray to the civil court to dismiss the plaint under Order 7 Rule 11 of CPC. The court can either dismiss the plaint or it can stay the proceeding till the final decision of the criminal case.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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