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Madras HC orders probe in forgery case

🔴 Justice V M Velumani gave a direction to this effect recently while allowing a civil revision petition from Subbulakshmi and Rajalakshmi, challenging the order dated December 18, 2015 of the District Munsiff in Nagapattinam, returning an interlocutory application arising out of a civil suit.

By: PTI | Chennai |
December 15, 2021 8:14:15 am
The Madras High Court in Chennai (File)

Holding that forgery and playing a fraud on the judiciary cannot be tolerated, the Madras High Court has set aside an order of a lower court judge and directed him to take appropriate action against persons who had played fraud on the court, including complaining to the Bar Council of Tamil Nadu, against the lawyer concerned.

Justice V M Velumani gave a direction to this effect recently while allowing a civil revision petition from Subbulakshmi and Rajalakshmi, challenging the order dated December 18, 2015 of the District Munsiff in Nagapattinam, returning an interlocutory application arising out of a civil suit.

According to advocate RY George Williams, S Kavitha had moved the Nagapattinam court to restrain Subbulakshmi and Rajalakshmi from interfering with her possession and enjoyment of the suit property in April, 2013. But the case was closed the same month, following filing of a memo by the advocate said to be representing the duo to the effect that the matter was settled amicably out of court and the defendants were suitably compensated. Based on the memo of no objection, the lower court judge closed the matter.

In his present petition, Williams contended his clients had neither engaged a lawyer, nor opted for out of court settlement or received the compensation of Rs one lakh, as contended before the Nagapattinam court.

Justice Velumani observed that the allegations are very serious in nature. Hence, the lower court order is set aside, the judge said and directed him to re-hear the case.

If he comes to the conclusion that the allegations are true, he should take appropriate action on the persons who have played a fraud on the court including the advocate who had filed the vakalat on behalf of the petitioners in the lower court by giving a complaint to the Tamil Nadu Bar Council.

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