Suit for declaration, possession and injunction property suit
monty lamba
(Querist) 14 December 2014
This query is : Resolved
Dear All Sir,
i was filed one property suit against our tenant suit for declaration, possession and injunction.
at THE time of preceding one person(Applicant ex property owner brother (deceased))
file u/o 1 rule 10 application. behalf of fabricated & false WILL
ARGUMENT PENDING FOR THIS APPLICATION IN HON'BLE COURT.
2.BEFORE ARGUMENT I'hv check from signature expert opinion for APPLICANT False & fabricated WIIL with
deceased Original Bank Signature (signature copy provide by bank in other complaint case)
expert opinion is find signature by two difference person.
3.false & fabricated WILL attested by false & fabricated Notary Public (AS PER RTI REPORT)
Sir my quarry
1.Will i be filed complaint case against applicant behalf of this fact ?
2.At the time of argument this application allow or not allow by hon'ble court to applicant.
3. your other valuable advice
ajay sethi
(Expert) 14 December 2014
have you filed your reply to application . in your reply have you pleaded that will is forged and fabricated . have you attached copy of hand writing expert opinion .
in your reply you should oppose addition of said person as party to the suit as no reliefs have been claimed against him
ajay sethi
(Expert) 14 December 2014
It was held inAIR 1969 Punjab & Haryana 57 that as a rule the Courtshould not add a person as a defendant in a suit when the
plaintiff is opposed to such addition. The reason is that theplaintiff is the „dominus litis‟. He is the master of the suit.
He cannot be compelled to fight against a person against
whom he does not wish to fight and against whom he doesnot claim any relief.
This principle has also been followed in
AIR 1977 Oriss 138, Meghraja Aggarwala Vs. Radhey ShyamAggarwal, where it has been further held that the plaintiff
must be allowed full discretion to put his case in the manner he likes and should not be forcibly involved into controversies with persons against whom he does not claim
any relief.
Devajyoti Barman
(Expert) 14 December 2014
You can file in the same case application u/s 340 crpc for perjury against the person who filed such forged document.
Separate criminal case can also be instituted against him.
Rajendra K Goyal
(Expert) 15 December 2014
Agree with the expert Devajyoti Barman ji.
monty lamba
(Querist) 17 December 2014
Dear All Sir,
Warm Regards for your valuable Advice
& Suggestion.
Thanking You,
T. Kalaiselvan, Advocate
(Expert) 22 December 2014
You may follow the suggestions advised by expert Mr. Ajay Sethi in this regard.
