• Sale deed and mutation related

Thanks to all lawyers for all time support and valuable suggestions.

After 1 year trial finally DC court has canceled the opponent party sale deed and mutation due to forgery done.I have also filed FIR for forgery, cheating and breach of documents and it is under investigation from police station.

Now the opponent party is threatening me that they will go in civil court for declaration of TITLE to harass me for long years.

Now my questions are :

1.Whether they can file civil suit of title ship against me in civil court after deed canceled due to forgery in DC court.
2.If they file civil suit against me can i apply for Quashing of this civil suit.
3.In which court i have to apply for Quashing of his civil suit.
4.Do civil court admit case of titleship without hearing me and reviewing DC court 
 Order.
5.What are my options if they file civil suit because i stay outstation due to job and have 
 no time to travel for court case.
Asked 4 years ago in Civil Law

2 answers received in 30 minutes.

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10 Answers

Please file immediately a caveat in the Civil Court under which the jurisdiction falls, they can file Civil Suit but if you will file Caveat then the court concerned will not proceed without informing you.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

1) civil suit can be filed for declaration of title

2) however chances of obtaining any relief are bleak

3)there is no procedure for quashing in civil courts

4) suit is dismissed if no cause of action is made out

5)your persona;l presence is not necessary in civil case on each date

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Registered deed can be cancelled by court only. Civil Court will considered DC court order and may not proceed.

Is it court order or office order ?

Not quashing but rejection of plaint.

In same court under O7 R 11.

Admission will depends on facts of case and perusal of DC order. No hearing from you,

Appoint local lawyer.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Whoever is threating you, you should lodge FIR and do not hesitate to move to civil court and you need to hire good lawyer so that you dont have to go to court always

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

1. Yes they can challenge the order or file suit but since the order mention that it is forged deed same contention can be raised at preliminary stage and there suit shall be rejected.

2. No quashing of Civil Suit you have to file an application in suit for rejection of plaint under Order 7 rule 11 to reject the plaint.

3. No quashing in civil matters.

4. The court shall give you notice before passing any order, you should file a Cavet in the jurisdictional civil court.

5. Sir firstly file a Caveat in the civil court of local jurisdiction appoint a good lawyer for you case so that he can receive notice and keep track if any case is filed. Further in case they file suit an order 7 rule 11 application can be filed. The suit shall be rejected.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If your title is clear, you have nothing to worry about. There is no quashing against civil suit. That said, an application for rejection of plaint can be filed at the outset on the following grounds:

“(a) where it does not disclose a cause of action;

(b) where the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so;

(c) where the relief claimed is properly valued but the plaint is written upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so;

(d) where the suit appears from the statement in the plaint to be barred by any law;

(e) where it is not filed in duplicate;]

(f) where the plaintiff fails to comply with the provisions of rule 9:”

Whether such an application would lie in the suit you fear is going to be filed is something I cannot say without having a fuller grasp of the facts of your case.

A suit is against a specific person for a specific relief. That means it would per force have to be filed against you. So you are a necessary party and no such suit can be said to be maintainable without you.

You are not required to be present at the time of each hearing. Just entrust your case to a competent advocate.

Pulkit Chandna
Advocate, New Delhi
191 Answers
5 Consultations

4.9 on 5.0

Firslty, they may go for the same, but may not get success to get the notice be issued this time against you.

Secondly, no there is no such rule for going of the quashing of the Civil Suit.

Thirdly, your lawyer may only appear as there is no boundation in the party to appear in civil cases until on some occasion ask by the judge itself.

Fourthly, no, it can’t be done without giving you the chance of hearing as per the legal maxim of “Audi Altrem Partem.”

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. Let them go to civil court , they may have to prove their case because you already have a copy of the DC court order cancelling the deed, so you can challenge them properly.

The evidences in your possession will not allow the case to stretch that far, it may be disposed in a year or two.

2. No, you have to challenge the same as per law or can file a petition under order VII rule 11 seeking to reject the plaint.

3. There if no provision in law for quashing civil suit.

4. Once you get the summons, you should immediately file vakalat and participate in the case so that the court do not decide the case in your absence.

5. You can give power of attorney to your close relative to represent you during the time of your absence before court.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

1. They can file any number of suit but in the instant case, there is hardly any chance of getting any favourable order. If the said suit is dismissed, you shall have further chance to lodge/file a police complaint/case u/s211 of IPC against them for filing false case against you for causing damage to you.

2. You shall have to study the suit and finding absurdity, you can file a petition before the High Court u/s482 of Cr.P.C. praying for quashing the case. Ordinarily, High Court refuses to quash pending Civil cases.

3. High Court.

4. The case will be admitted and you shall get the notice for submitting your written reply to the plaint filed by the said parties. After hearing both the parties, the Court shall pass judgement.

5. You can execute POA in favour of any of your relative/friend to attend the hearings of the case and since it is not a criminal case, you won't have to appear before the Court on the dayd of the hearings.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. No they can not

2. Yes you can file an application 7/11 CPC

3. Before the same court.

4. File a caveat before hand so that no order is passed in your absence

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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