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S. S. Rathi (other)     12 March 2025

False affidavit in civil court

I'm plaintiff in civil suit defendant filed affidavit in english language as exhibited but I deemanded affidavit in local language. Same is files by defendant but defendant make verious changes in English and Marathi affidavit as suitable to him. So on next date I was informed to honble court but court instead of taken any action ask me to take cross so I told give me short time but court charge 3000 cost to me

What can I do, file appeal to higher court or what step to file difference in affidavit 

Pls guide urgently 



 5 Replies

T. Kalaiselvan, Advocate (Advocate)     12 March 2025

It is the discretion of the court to adjourn the case on payment of cost.

Your appeal may not be maintainable in this subject.

Are you appearing as party in person, if not why do you bother so much when your advocate is there to handle the situation.

R.K Nanda (Advocate)     13 March 2025

before doing cross examination of defendant you better file your counter affidavit in court therein stating about the discrepancies in two affidavits of defendant and pray to court to take necessary action against defendant. 

Also file application in court under section 151 cpc to waive the cost of 3000 which is very high.

S. S. Rathi (other)     13 March 2025

Thankyou Nanda Sir

I have filed this application thereafter court charge 3000/- pls guide ..

Plaintiff respectfully submits that, Mr. Gaurav Bhansali surprisingly filed exhibit 91 affidavits in support of evidence on 01.04.2019 in my absence while plaintiff wants to adduce more evidences. Plaintiff also taken objection to exhibit 91 as it was filed by Mr. Gaurav Bhansali without authority of defendants moreover all directors/defendant already appeared in this suit. But matter posted for cross of Mr. Gaurav Bhansali vide order dated 01.04.2019. 

 

 

That, thereafter on 15.11.2021 almost three years later set of basic documents filed by Mr. Gaurav Bhansali without mentioning the reason of delay, but same was exhibited on 13.08.2024 in my absence while various documents are not original or only xerox print copies are filed. 

 

That, Mr. Gaurav Bhansali filed Exhibit 91 in Marathi language and same was marked as exhibit 158 whereas for file this translated affidavit Mr. Gaurav Bhansali taken six dates of hearing and absent every time since 09.12.24, 20.12.24, 20.01.25, 06.02.25, 20.02.25 and even on 27.02.25 when affidavit taken on record. At the same time learned advocate of Mr. Gaurav Bhansali misguide to this Hon’ble Court and filed back dated medical reports dated 11.11.2024 with application dated 20.01.2025 exhibit 155 to prolong the matter even last chance given. Moreover this exhibit 158 Marathi Language affidavit filed on 27.02.2025 only after application filed by plaintiff to pass ex party order.     

 

That, Earlier also defendants engaged in preparation of forged tripartite agreement, used forged rubber stamp and engaged in other criminal malpractices and same act was noted in award passed by Arbitrator (Retired High Court Judge) at Nation Stock Exchange Mumbai. Defendants to avoid criminal prosecution use pressurized tact by filed false suit OS 496/2012 against Sapankumar Rathi at Hyderabad but same was dismissed in the year 2017. Every time of cross examination Mr. Gaurav Bhansali tactfully prolong the matter by mentioning the talks of settlement with Sapankumar Rathi is going on.       

 

That, As seen Exhibit 158 Marathi language affidavit filed by Mr. Gaurav Bhansali its found that he had made various changes in exhibit 158 and it is not match with exhibit 91 English language affidavit. So this act is creation of false n fabricated documents to produce false evidence.

Therefore plaintiff wants to take further appropriate legal steps so its humble request to this Honble court to prolong todays matter at least for three weeks as certified copies are not yet receive, and it is necessary in the interest of justice.

 

Im plaintiff as party in person 

P. Venu (Advocate)     13 March 2025

Is it affidavit or proof affidavit?

S. S. Rathi (other)     13 March 2025

English affidavit filed duly attested by court supritendent on 01.04.2019

while Marathi affidavit shown singed by deponent at our city and on same day it was notarized at other city around 300km away. And makes changes as suitable to him.


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