Appeal before division bench
RBCHAVAN
(Querist) 11 November 2012
This query is : Resolved
Recently in a judgment a division bench accepted a compromise petition which was filed between the contesting parties where one of the parties had submitted an affidavit, earlier in the Writ Petition, which was signed by a dead person. (Fraudulent affidavit) Here in the appeal the bench instead of taking action, intervened and accepted the compromise petition. Can the matter be brought to the notice of the Court or any other remedy is available so that the dignity of the court is not lowered, which aided the fraudulent person and intervened in accepting the compromise petition. If this mention is made to the Chief Justice can he take any suo motto measures
Devajyoti Barman
(Expert) 12 November 2012
First decide whether you want to go for compromise or not.
If yes, then there would be no scope for this fraud.
If you refuse to go for compromise then only you can bring this forgery to the court for initiating action against the fraudster.
V R SHROFF
(Expert) 12 November 2012
Agree with Shri Barman
Decide what is ur objective. What u want??
ajay sethi
(Expert) 12 November 2012
compromise petition has been accepted by the high court . close the chapter and move on in life
Raj Kumar Makkad
(Expert) 14 November 2012
You have not told your status in the litigation. If you were a party to the litigation then why did you accept the compromise and why did you failed to bring the fact of fraud before the court?
Once you have become agree to compromise and when the sme has been materalized, you condoned the fact of otherwise a blunder fraud with the court, you have no legal right to raise this issue.
RBCHAVAN
(Querist) 14 November 2012
Dear Makkad Sir,
thanks
