Consequence of filing suit and appeal by unauthorised person.
Gopal Krishnan
(Querist) 10 August 2014
This query is : Resolved
REGISTERED PARTNERSHIP FILED SUIT. ONE MAR XYZ FILED PLAINT, AFFIDAVITS AND ALSO GAVE EVIDENCE HE PRODUCED CERTIFICATE ISSUED BY ROF WHICH WAS EXHIBITED BY TRIAL COURT. NAME
OF MR.XYZ IS NOT APPEARING IN THE LIST OF PARTNERS. THIS WAS POINTED OUT TO TRIAL COURT BUT NO ACTION WAS TAKEN. ULTIMATELY SUIT WAS DISMISSED AND APPELLANTS FILED APPEAL CHALLENGING JUDGMENT OF TRIAL COURT.
APPEAL WAS FILED BY ONE MR.ABC, WHO IS ALSO NOT PARTNER, BUT FALSELY CLAIMED TO BE PARTNER.SIGNATURES OF MR XYZ AND MR.ABC ARE SIMILAR AND IDENTICAL AND IT APPEARS THEY HAVE PLAYED A DELIBERATE FRAUD ON THE COURT. WHAT IS REMEDY ? CAN APPEAL COURT PROCEED WITH HEARING OR DISMISSS APPEAL ON THE GROUND IT IS FILED WIHOUT AUTHORITY OF APPELLANTS ? EXPERTS KINDLY GUIDE.