Proof of fake case whether necessary in written statement

557 votes

Legal Advice by Advocate Udit Garg If the present property suit appears to be false and similar litigation was previously settled through compromise, you may use the earlier case as relevant evidence, subject to its facts and legal effect. First, obtain the previous case number, court name, parties’ details, pleadings, compromise application, and final order. Apply for certified copies from the concerned court; the previous advocate’s identity alone does not establish that both cases are false. In the present suit, file a detailed written statement within the prescribed limitation, specifically denying incorrect allegations and raising all available preliminary objections. You may refer to the previous litigation in the written statement, provided the facts are relevant, and seek permission to file certified copies later if they are not presently available. However, do not delay disclosing material facts or assume that late filing will automatically be permitted. If appropriate, seek production of the earlier judicial record or summon the relevant file. Depending on the pleadings and evidence, an application under Order VII Rule 11 CPC or other appropriate procedural remedy may be considered. The compromise order’s legal effect must be examined before proceeding. Advocate Udit Garg

Advocate Udit Garg LawRato

968 votes

Hello sir/madam You may refer to the previous case in your defence but filing its copies along with the Written Statement is not mandatory in every situation. If the records are unavailable file your Written Statement within the prescribed period mentioning the relevant facts and grounds of your defence. You may obtain certified copies of the previous case records and seek the court’s permission to place them on record later, subject to applicable procedural rules. However, the mere similarity between the two cases or the fact that the same advocate represented the plaintiffs does not prove that the present case is false. The evidentiary value of the previous case will depend on its facts and compromise terms.

Advocate Pooja Patel LawRato

962 votes

Yes, the documents relating to the previous case may potentially be brought on record at a later stage, subject to the applicable procedural requirements and the court’s permission, wherever required. However, it is important to examine whether and how the previous case is relevant to the present dispute and whether the necessary facts should be specifically pleaded in the written statement. Since the earlier case was settled by compromise and involved different parties and a different mango garden, we would need to examine the nature of the settlement and the similarities between the two cases before determining its evidentiary value and the appropriate legal grounds to rely upon it. Please share the present case documents, particularly the plaint and the stage of the proceedings. We can examine the available facts and advise you on how to raise this issue in the written statement and whether the previous case records can be produced subsequently. Regards, Himanshu Sharma Advocate VIGILANT LEGUM LAW FIRM

Advocate Himanshu Sharma LawRato

970 votes

The defendants should not wait indefinitely for the previous case file. Plead the relevant facts in the WS within the prescribed time and take steps to obtain certified copies. The exact strategy will depend on the nature of the earlier compromise and whether the two cases concern the same property, parties, or cause of action.

Advocate Madhvi Chopra LawRato