Legal Question in Civil Litigation in India

I am from Kerala. In an instance, a person was working in a company for last nine years. With better prospects when he decided to resign from that company to join another company in same business line, the former company filed a suit praying for permanent injunction at Chennai to prohibit the defendant from indulging in a competitive employment. In the terms and conditions signed at the time of joining, mentioned that in order to join any competitive company the defendant should have a gap of 24 months. During the pendency of the suit, the plaintiff frequently called and harassed the defendant and managed to convince the defendant with a better offer and post and assured that the plaintiff will withdraw the suit. Due to this assurance, the defendant didn't appeared at the time of first appearance. But the plaintiff filed an affidavit on behalf of the defendant explaining that he submits all the averments mentioned in the plaint is true and submitted that "the suit may be decreed as prayed for". Later on the defendant came to know that the affidavit was forged with false signature of the defendant. As the suit is decreed, what is the alternative remedy for the defendant in this instance.

Asked on 12/10/09, 11:39 am

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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in case the affidavit was false and forged, proceedings of perjury can be initiated.

Answered on 12/10/09, 9:48 pm

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