defendant denying signatures on w.s and vakalatnama
rajan chopra
(Querist) 22 June 2015
This query is : Resolved
Sir in a suit for recovery filed by me the defendant filed affidavit in his defence and was cross examined by my counsel .In answer to a question the defendant denied signatures on w.s and vakalatnama also besides other documents such as pronote and stamp Paper and admitted signatures on affidavit and summons only.The judge after hearing defendant on denial of signatures on w.s and vakalatnama asked defence counsel wheather the defendant has signed or not on these two documents and was answered affirmative .The judge then said it seems that forgery has been committed either by defendant or by his counsel or by both of them.The case is now at argument stage.What further steps can or should be taken by me in my interest?
R.K Nanda
(Expert) 23 June 2015
file application in court for verification of signatures of defendant by hand writing expert.
Rajendra K Goyal
(Expert) 23 June 2015
Prey the court to get the signatures verified by a handwriting expert.
rajan chopra
(Querist) 23 June 2015
Sir can we prey the court not to allow the defence counsel to appear as he has no authority due to the denial of signature by defendant on vakalatnama?
P. Venu
(Expert) 23 June 2015
Are the admitted and denied signatures different or same?
rajan chopra
(Querist) 23 June 2015
Signatures are in same manner
rajan chopra
(Querist) 23 June 2015
Signatures are in same manner
Dr J C Vashista
(Expert) 24 June 2015
Whether all signatures of defendant are same or similar, get it verified by expert/ FSL and proceed according to its result/opinion.
rajan chopra
(Querist) 24 June 2015
Sir can counsel represent the defendant in court despite execution of vakalatnama denied?
Biswanath Roy
(Expert) 25 June 2015
Since the Defendant claimed that the signature appearing in the Vakalatnama is not his signature hence, the counsel appearing on behalf of the defendant has no legal locus-standi and lacks authority to appear before the court to represent the defendant.
rajan chopra
(Querist) 26 June 2015
Sir in this situation have forgery being committed by defendant or his counsel or by both of them?
rajan chopra
(Querist) 05 July 2015
Who committed forgery either defendant or his counsel?
Guest
(Expert) 26 July 2015
Dear Mr.Rajan Chopra it should be Pray and Not Prey as mentioned by You Please.
Guest
(Expert) 26 July 2015
Discuss it with your Advocate Let him Present this Issue to the Court for a Decision.
Biswanath Roy
(Expert) 26 July 2015
Vakalatnama is a document. If such document was not signed by you it can be treated as fabricated document and cannot be said as forgery but if you deny signature upon it as not your's then the signature can be called as forged signature.
Dr J C Vashista
(Expert) 27 July 2015
Unnecessarily dragging this thread, you have adequately been advised, please stop it.
Biswanath Roy
(Expert) 27 July 2015
I differ, it is not dragging the thread as alleged or at all, because the author in his last query asked the experts " who committed forgery either defendant or his counsel?"
Guest
(Expert) 27 July 2015
Your query seems to me merely of an academic nature.
However, if not, please clarify the following points:
1) What is the subject matter and nature of the case?
2) If the defendant did not sign the vakalatnama, how he used to allow the lawyer to defend the case continuously?
3) Is the opposite lawyer still defending the case?
4) What actually you are likely to gain by knowing, "who committed forgery either defendant or his counsel, as you are giving stress on knowing about it"
rajan chopra
(Querist) 27 July 2015
Sir I Am Plaintiff Who Filed Suit For Recovery On The Basis On Pronote Being Executed By Defendant In Favour Of Me.After Being Summoned The Advocate On Behalf Of Defendant Appeared And Filed Vakalatnama And Continued Appearing On All Stages Like Written Statement Issues Plaintiff Evidence And Cross Examination.It Was Then Only When The Defendant Appeared First tTme In Court At The Stage Of Defendant Evidence Filing Affidavit U/o 18 Rule 4 And In Cross Examination He Admitted Signatures On Affidavit;Summon Only And Denied Signatures On Stamp Paper/Pronote/Written Statement/Vakalatnama/.The Opposit Lawyer Is Still Defending The Defendant.
Guest
(Expert) 27 July 2015
You have not replied my 4th question. Any reason for that?
After knowing, "who committed forgery either defendant or his counsel," how you propose to get any advantage in suit for recovery from the defendant?
Biswanath Roy
(Expert) 28 July 2015
Very intelligent question raised by Learned MR. Dhingra, I appreciate.
Guest
(Expert) 28 July 2015
Respected Biswanth ji,
Many thanks for your appreciation!
rajan chopra
(Querist) 29 July 2015
Sir The Judge said That It Seems That Forgery Has Been Committed In Given Circumstances That Is Why I Am Interested To Know By Whom It Has Been Committed ?
Guest
(Expert) 02 August 2015
You have still evaded reply to my question.
However, if the judge said about forgery, he can also include his opinion in his judgment, as to whom he considers to have made forgery.
When that appears in the judgment, only then ask your question. Right now your query is quite premature. Concentrate on your case of recovery. But, if you still insist to know, what further steps can or should be taken by you in your interest, you may first ask your lawyer, what efforts he is doing to prove forgery.
Biswanath Roy
(Expert) 02 August 2015
A prudent reply by Learned Expert Mr. Dhingra. The question is at hypothetical stage now.
Guest
(Expert) 03 August 2015
Biswanath ji,
Thanks for your appreciation in view of my reply to the querist.
