• Specific performance on contract agreement

I had filled a case of specific performance on contract of agreement.The defended had told sign on agreement is forged and got a state government laboratory report in his favoure.i can also bring some private handwriting expert report now , but he manged that government report in his favoure in early state.
What should i do next.
Asked 1 year ago in Civil Law from Patna, Bihar
File an application under section 73 of the Indian Evidence Act read with section 151 CPC for refer to the CID of Police for expert report of hand writing.

Section 73 in The Indian Evidence Act, 1872
 Comparison of signature, writing or seal with others admitted or proved.—In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing, or seal admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which is to be proved, although that signature, writing, or seal has not been produced or proved for any other purpose. The Court may direct any person present in Court to write any words or figures for the purpose of enabling the Court to compare the words or figures so written with any words or figures alleged to have been written by such person. 1[This section applies also, with any necessary modifications, to finger-impressions.] 
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
In the said suit, whether you have sent the signature for handwriting expert's opinion or he petitioned the court to send it?
Whether the suit under trial has taken up the dispute of signature?
If the so called govt lab report possessed by the defendant is under cloud or suspicion, you may establish the same during cross examination of the expert who shall be present to give evidence on the report before court.  After that also if you have suspicion, then you may petition for re-analysis through some other agent  preferably government. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
1) you have to cross  examine  person who has given reports that signature is forged 

2) prove that document has been signed by the defendant 

3) also examine hand writing expert in this regard 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
In the suit you had take a specific contention that the signature is forged one and send it to a handwriting expert? Is the state government laboratory report is produced in the case ?

At the time of taking evidence you may establish your case and do the cross examination in this manner. Also examine the person who give the report from state government laboratory.
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
5.0 on 5.0
1) you can seek injunction on the basis of agreement entered into by you with seller for purchase of the property 

2) rely upon hand writing expert opinion that agreement has been signed by seller only . 

3) if seller is permitted to create third party rights and sell the property your suit would be infructous 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1. The chances of injunction cannot be foretold by us.

2. The courts are reluctant to accept the report of the private labs. 

3. If he is contemplating the sale of property then immediately seek a stay order from the court lest he creates third party rights which may be difficult to impeach in the court.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
If you are in the knowledge of the further alienation of the property through reliable sources, you may file a petition under order XXXIX rule 1 and 2 seeking injunction restraining the defendant from  further alienation of the same. 
If the defendant disputed the signature and was permitted to obtain handwriting expert's opinion, you may cross examine the expert on the point of disagreement with his opinion. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0

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