Order39[4] of CPC

Querist : Anonymous (Querist) 12 March 2010 This query is : Resolved
Dear All ,

Suit for partition and declaration the CJJD court passed Temporary injunction order.we filed the M.Cic=vil appeal which was also dismiised but we found the registered document dukly signed by the plaintiff the consent is given to the previous documents executed by his brother so we filed the application order 39/4 of cpc.Please suggest

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Querist : Anonymous (Querist) 12 March 2010
Please suggest

O. Mahalakshmi (Expert) 12 March 2010
Ask the question properly.

Guest (Expert) 12 March 2010
pls give facts of the case. thans

niranjan (Expert) 12 March 2010
As I understood your question is that the document to which you gave consent,you thought that it was signed by brother of the pltff.,but on verificatin you found that the document was signed by the pltff. and so you think that the circumstances are changed and so you filed the appl.under order 39 rule 4 to discharge the order.It was inadvertance on your part not to look at the document while giving consent.I do not think that court would easily believe your story,nor you brought that fact to the notice of the appellate athority.Now it is too late.However if your applicatin is not granted you will have chance to file further misc.appeal.

Raj Kumar Makkad (Expert) 13 March 2010
In the given facts, I agree with niranjan and add that if you have concrete proofs of forging signature by plaintiff then can not only file criminal case but can also file civil suit for declaration setting aside such order passed on such forgery made on the part of such plaintiff.

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