Crpc 125 & crpc 340

arpita (Querist) 31 January 2015 This query is : Resolved
Hello

My sister has filed Crpc 125 against my brother in law.

They have filed Crpc 340 against our Crpc 125 application.

Now, is 340 case supplementary to Crpc 125 (With Registration number of 125 Only

OR

It will be a separate case with separate registration number.

Please suggest.

Thanks

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P. Venu (Expert) 31 January 2015
What are the grounds mentioned in the CrPC 340 petition?

Devajyoti Barman (Expert) 31 January 2015
Generally it is registered as separate Misc Case.

Rajendra K Goyal (Expert) 31 January 2015
The contents of both the cases need to be referred. Consult your lawyer.

Sunil S Nair (Expert) 31 January 2015
Endorsed with Learned Advocate P.Venu specify the contents of the petition

ajay sethi (Expert) 31 January 2015
agree with MR barman

Dr J C Vashista (Expert) 01 February 2015
I agree with expert Mr. Devajyoti Barman it would be registered as Miscellaneous Case, a separate case based on certain misrepresentations made before the Court.
Consult your lawyer for proper guidance and advise.

T. Kalaiselvan, Advocate (Expert) 01 February 2015
Yes, your lawyer will be having answer for your query based n the facts of the case. Contact him/her.

Gagandeep Goel (Expert) 25 February 2015
Hello There

In my opinion these two cases are to be listed separately. That it.

Further the court can take cognizance of the matter under section 340 Crpc only if the forgery/ perjury has been committed after the case has been filed in the court. If the case falls under the definition of committing forgery before the filing of the case, then the relevant section 340 Crpc is of no use.
relevant judgment
iqbal singh marwah by SC

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