LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

bharat khatwani   11 July 2024

Forged document presented in court

Recently, a friend recounted an issue he faced when attempting to evict his tenant in 2017. During the court proceedings, the tenant claimed to have made a partial payment towards the purchase of the property (a shop). To support his claim, the tenant produced a document referred to as a "BANKHAT," which was on plain paper, neither notarized nor registered, and allegedly bore a forged signature. Despite the questionable nature of this document, the advocate representing my friend did not object to its submission. Consequently, the court admitted the case based on this forged document. Given these circumstances, I seek your opinion on the following points: Validity of the Document: Is a document like the BANKHAT, which is on plain paper, unnotarized, and unregistered, typically considered valid evidence in court? Role of the Advocate: Was it a lapse on the part of the advocate to not object to the introduction of such a document? What could have been the potential consequences of raising an objection? Implications for the Case: How might the admission of this forged document impact the outcome of the eviction case? Legal Recourse: What steps can be taken now to challenge the validity of the forged document and rectify the situation? Your expert opinion on these points would be highly appreciated.



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     11 July 2024

If the document produced before court at the time of trial was admitted by the witness then it will be marked as exhibit.

However it can be argued and objected at the time of arguments. 

If you suspect the integrity of your advocate then you can change the advocate. 

1 Like

Shashi Dhara   12 July 2024

File application for experts opinion on hand writing.
1 Like

P. Venu (Advocate)     12 July 2024

Admittedly, this query is based on hearsay not verified facts. Please advise your friend to post the query disclosing the complete facts.

parth   16 July 2024

Originally posted by : P. Venu
Admittedly, this query is based on hearsay not verified facts. Please advise your friend to post the query disclosing the complete facts.

If you think that it is not possible to present forged document,then you are not aware of reality.I personally know landlord,and his advocate(who is my distant relative).When tenant produced BANAKHAT on plain paper,advocate did not object .He did not point out that BANAKHAT on plain paper is not valid,he did not point out that signatures are forged,not only that signatory(Landlord's mother i.e. original landlord) was not alive on the date mentioned on BANAKHAT. So on the basis of forged documents,tenant got IR in 2017.Case is pending since than.Advocate of landlord kept saying that "CASE BOARD PE NAHI AAYA" (i.e.CASE IS NOT LISTED ON BOARD for hearing) I tried to upload screenshot of case details from ecourt site, for your ready reference but due to some limitations I could not upload it) check this out.  https://ahmedabad-rural.dcourts.gov.in/case-status-search-by-case-number/     When I discussed with a senior asvocate,I was shocked to learn that it is very common practice because judges do not pass strictures for submitting forged documents and wasting time of court.No wonder ,number of cases pending in court is huge.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register