O R D E R

% 15.04.2024

1. This hearing has been done through hybrid mode.

CRL.M.A. 11206/2024 (u/S 340 CrPC) in CS(OS)-2173/2015

2. This is an application filed on behalf of the Defendant-Mr. Bhavjot Singh Chandhok under Section 340 of the CrPC, 1973. The Defendant seeks action against the Plaintiff alleging that the Deed of Trust dated 12th March, 1977 (hereinafter, ‘trust deed’) and the Deed of Release dated 25th April, 1978 (hereinafter, ‘release deed’) are fabricated and forged documents.

3. It is stated in the application that the Plaintiffs herein had filed the present suit CS(OS) No. 2173/2015. In the suit, the Plaintiffs relied upon certain documents and had filed copies of the same before the Court. Further, the Plaintiffs vide an application under Order VII Rule 14 of the CPC, 1908 filed coloured copies of the documents under a separate index dated 17th November, 2023. It is inter alia alleged by the Defendant that the CS(OS)2173/2015 Page1of3 documents filed by the Plaintiffs under index dated 17th November, 2023 when compared with the documents filed by the Plaintiffs with the plaint, demonstrate that the Plaintiffs were already in possession of the documents and the Plaintiffs have deliberately concealed and masked the documents filed with the plaint so as to have an unfair advantage in the present case. It is further alleged that the documents now filed under index dated 17th November, 2023 reveal forgery of the documents.

4. It is submitted by ld. Counsel for the Defendant that the Plaintiffs have masked the said trust and release deed. Ld. Counsel for the Defendant places reliance upon the initial copy of the trust deed in list of documents dated 12th March, 1977 at page 36 and 37 of the document file as also the release deed dated 25th April, 1978 at pages 45 and 46. The same are compared with the documents filed under index dated 17th November, 2023. It is alleged that a perusal of the same would show that in the documents filed under index dated 17th November, 2023 the rear of the first page of the trust deed has also been placed on record which reveals that a sum of Rs. 85, 000/- is to be paid to Mrs. Rabinder Kaur Chandhok. It is alleged by the applicant that this was deliberately concealed from the Court. Further, it has also been alleged that in the case of the release deed also, the Plaintiff has masked the particular details of consideration to be paid amounting to Rs. 85,000/-. The stamp of registration is also appearing in the documents that have been filed under index dated 17th November, 2023 which was not present in the documents that were filed in the initial stage along with the plaint.

5. It is not the allegation of the Defendant that the documents themselves do not exist or have been fabricated. The Defendant seeks to argue that the CS(OS)2173/2015 Page2of3 stamping was not there in the initial stage when the documents are filed and hence there has been deliberate concealment.

6. In the opinion of the Court, the content of the documents filed initially with the plaint and the documents that are filed subsequently under the index dated 17th November, 2023 are the same. The fact that the original documents which are registered documents that have been subsequently placed on record under the index dated 17th November, 2023 contain the stamp of registration, would not make this a case for action under Section

340 CrPC at this stage.

7. Insofar as the interpretation of the said documents and any action, if any, which may be required, the Court can look at it at the final stage. If the Court comes to the conclusion that there has been any fabrication, then the same would be proceeded in accordance with law. At this stage, no notice is liable to be issued under Section 340 CrPC. Application is disposed of in these terms.

CS(OS)-2173/2015

8. List on 8th July, 2024 i.e., the date already fixed.

PRATHIBA M. SINGH, J.

APRIL 15, 2024 dj/rks CS(OS)2173/2015 Page3of3