MOHAMMAD AKBAR BHAT Vs. ABDUL AHAD ADVOCATE
LAWS(J&K)-1999-5-2
HIGH COURT OF JAMMU AND KASHMIR
Decided on May 27,1999

MOHAMMAD AKBAR BHAT Appellant
VERSUS
ABDUL AHAD, ADVOCATE Respondents

JUDGEMENT

- (1.) ORDER :- Today CMP No. 37/99 was fixed wherein prayer has been made for the grant of direction to the incharge P.S. Indira Gandhi Airport, New Delhi for the release of passport No. 232157 dated 24-3-1993 which was seized on the orders of the Chief Judicial Magistrate, Budgam. On the agreement of the counsel for the parties, the said CMP is taken up alongwith main petition (Petition No. 39/97) for disposal.
(2.) The petitioner is a retired Principal of the Government Dental College, Srinagar. He has litigation with his ex-daughter-in-law regarding the landed property. The petitioner has alleged that his ex-daughter-in-law had filed a suit against him and his wife and in the plaint intentionally their wrong addresses were given. She in connivance with the respondent herein filed written statement on their behalf and the allegations of the plaint were admitted. On this frudulent admission, on 6-3-1997 the suit was decreed against them. when said decree was put to execution, in the month of April/May, the petitioner came to know about the perpetuation of the fraud. Immediately thereafter, the petitioner filed the suit for the cancellation of the said decree by pleading mis-representation and fraud. The trial Judge has stayed the operation of the impugned judgment and the decree.
(3.) Besides this, the petitioner presented a complaint before the Lord Chief Justice regarding the commission of the professional mis-conduct by respondent herein who is an advocate. That complaint was referred to the Registrar Vigilance. The inquiry under law stands initiated and the signatures of the petitioner were sent for comparison to the hand-writing expert (Director Forensic Science Lab.) who has opined that the signatures on the power of attorney and the written statement are forged.;


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