Forged document using twice in the same suit
M Satyanarayana
(Querist) 13 February 2013
This query is : Resolved
Sir,
In the partition suit after preliminary decree the respondent (appellant) has gone for appeal. If the appellant files document under Order 41 Rule 27 C.P.C. in the appellate court claiming interim relief through a forged relinquishment deed and subsequently rejected at the admission stage without representing the case by Respondent in the appellate court and the same documents reproduced in the trial court under Order 8 (1)(a) Counter claim at the time of application for passing of final decree. The alleged document is unregistered relinquishment deed and has been rejected by the Supreme Court. Can the defendant has legal right to agitate the case in the same suit that has been produced in the appellate court and attained finality in the partition suit.
Please kindly advise whether such documents are tenable or maintainable under law.
Thanking you,
MSN
Rajeev Kumar
(Expert) 13 February 2013
No the case is barred by res judicata. The document, subject in issue of the case is between the same party and decided by the court of law earlier. So the second suit initiated between the same party is liable to be dismissed.
