Many years ago ( more then 20 years ) my father signed the blank paper as security and taken 1000 rs loan from a person A . after returning back the amount person didn't return the paper and told he will burn it later . 7 years same person took a same old paper and put case against father saying my father own him a due 1.5 lacks rupee and my father never attended court thinking he never took any money why i should go . and the same Person B took Bid in court and paid person A 2.5 lacks. now it passed multiple courts and district court order to register part of land ( as its big area and much more value then what they asked for ) in favor of this person B. Question i got here is they court never asked to check paper is genuine or not from day 1 and we can easly find that signalture done much before then what is wrtitten . Questions 2 even many times we told court in recent time we are willing to pay what ever money they ask for but not wish to give any land as it's more valueable and personal connection for dad ( he spend most of time here only ) Questions 3 even if court decide how they can tell the Person B to register land without any measurement and where its open space and if u give a blank cheque for sure person B want prime location where we got importents stuff like borewell and old trees as well as it cost very expensive . Questions 4 when we ask our laweyer to request for stay until this is settle not to process any registerstation but it seems very complex and not easy to get he explains . i need some help on how we proceed and this case is not reached high court as they say they will not able to send as it should be handled by local court itself. dad got 1 son and 2 daughters, can they file a case ? for sure what we see in movie /serial and actual is way different and now i know why people don't like to go court
The issue os wrt a blank paper upon which a person has written something which is titally false and hence has committed an offence. First of all lodge an fir against those persons. The forensic analysis will reveal that nothing was written on that paper when it was signed. In the civil court too take this plea.
Regards
1) For time being you can take injunction or stay or appeal against that order.
2) Don't allow to enter anyone into your land to take possession as of now.
3) Yes on behlaf of your father any one legal heirs can file case by taking legal POA on their name and visit court for further proceedings.
4) I will provide a perfect citation cases to you like your cases and won in high court or supreme court.
5) Only thing is here to review all order provided by court and they dates of transcations that all are important.
It is necessary to peruse reliefs claimed in suit to advice
2) if court has passed order to register part of land. In plaintiff favour you can file appeal against said order offer to pay money due and payable with interest
3) it is necessary to peruse order passed by district court
4) sons and daughter have no share in father self acquired property
You need to seek the stay from lower court or higher court. Yes they can file a case
1. See since you did not contest same court admitted the allegations of plaintiff and can ask for the order.
2. You can file your appearance and can agree to pay the amount as it must be in execution stage.
3. The court want give free rights to person it will attach the property for execution of decree.
4. See at this stage cross case cannot be filed though you can file appearance and can settle the case so that the land is not attached.
Dear
Your father should have attended the court personally or through some advocate to put his defence in the case.
why would court ask to check genuiness of papers of your father didn't put any objection.
If you are willing to pay then put application in court for setting aside the Ex-parte decision against you.
It is not a complex procedure contact your lawyer For making the application.
Hi
Going by contents of your post, it looks bit complicated as clear details are not shared.
As far as orders passed by the court are concerned, if the same are against you, you need to file appeal.
Yes, one of you can represent your father by taking POA and contest the case.
- It seems you are in wrong direction of case.
- You can request the court for forensic investigation of validity of documents and outrightly refused the validity of document.
- Despite of going for land recovery better go for declaratory suit along with civil case.
- Being civil matter shallow guidance will not help you much about further case progress, once able to see the document only than better advise can be shared.
Regards
Vivek Arya
1. Court will not ask whether the paper is genuine or not. It is your lawyer who shopuld claim that the said paper is non genbuine and should pray for its forensic test.
2. Your telling the Court will not help. Your father shall have to file a petition expressing his willingness to pay the dues within a fixed period of time.
3. The Court can not ask the registration of the land without specifying the Dag No. etc. and in case your father files an application for paying the debt, Court can not refuse the said prayer and order for registration of his land.
4. You should file a petition before the High Court challenging the order of the lower Court immediately.
As per Order 9 Rule 13 of CPC, In any case in which a decree is passed ex parte against a defendant, he may apply to the Court by which the decree was passed for an order to set it aside; and if he satisfies the Court that the summons was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the Court shall make an order setting aside the decree and after you can file an application before court that you are ready to pay the said amount along with interest.
Since your father never bothered to participate in the cse and record his objections and never expressed his objections before court especially after receiving summons from court then the court has rightly sert him exparte and passed the judgment in favor of the plaintiff.
How did you express before court that you would be willing to settle this amount?
If you have not filed any poetition to this effect then the court will not accept any oral submission.
You should have fought this case instead you have kept quite while the proceedings were going on in the court of law, now what is the use of grumbling after everything has left your hands?
You take a second opinion from a different lawyer by producing the relevant case papers before him and proceed as per the suggestions made
You can prefer an appeal before high court if it is worth enough
