CPC.
shivraj
(Querist) 02 June 2009
This query is : Resolved
In one case Suit is filed in the year 1991 for partition of Joint family property. Afterworlds plaintiff died within pendency of suit he have only one doughter (heirs) which is married in 1980. In this case 51 defendants meanwhile time 10 defendants have filed power of attorney of plaintiff which is fraudulent in nature because the signature of plaintiff not taken on POA. That the POA holder is def.no.2 son and taking the benefit of Fradulant POA def. filed a compromise pursis before the JMFC Court and obtained a judgment and order in favour of def. but in the compromise pursis there was no consent or sign. Of plaintiff was Taken and also he is not present before the court at the time compromise pursis because of illness and old aged person.
After that taking the benefit of compromise judgment and order the defendant sold out some part of suit property. For challenging the illegal act of defendants Plaintiff daughter filed an application U/S-151 of CPC. And Sec.420, 465 of IPC and demands to recall the original case and taking action against the illegal act of the defendants. And also she has proved that this POA is illegal and forged in nature from competent authority.
On this point of view following question arises:-
1) Whether the LD.JMFC have a right to decide the compromise pursis?
2) Applicability of forged document like as POA?
3) Can plaintiff recall directly the original case? Which is in Hearing stage.
4) Whether Hon’ble Court Have directly power to cancel the all transaction made by the defendant? If yes U/ which provision?
5) Whether the court appointed a receiver or court commissioner for whole property in this case?
If any caselaws relating to this case please give the reference Thank u.
Y V Vishweshwar Rao
(Expert) 13 July 2009
1- Compromise between the parties on the forged POA is liable to to set aside
2- Forgery of docuemtn -is applicabel to POA is also
3- The suit for Partition is at hearign stage as mentioned and it is for partition and further proceed with trial of the Suit as legal heir of the Plaitff and ask for partition by ignorign /by
settign a side the illegal Compromises on the basis of th Forged POA
4- In the same Suit file Petition/s to bring you
on record as legal heirs of the Plaintff
and submit all the facts and pray for Settign aside all the compromises which are on the Forged POA
5- Yes , in a Partition suit according to the Situation , Court Receiver can be appointed .
These all the facts in a Pendign Suit you have to plead and prove the forgery - POA and illegal Compromises as legal heir of Plaintff
