Section 340 crpc read with 195 in civil case
Amol Jande
(Querist) 26 January 2016
This query is : Resolved
Please help me.
1) PLANTIFF one of the son FILED A CASE OF PARTATION ON BASIS OF WILL/ PARTATION deed of Shankar annaji jande in 1990.
2) The will / PARTATION deed has forged signatures of his late father.
3) witness on PARTATION / will have given affidavit in the case long back that the signatures of Sankar annaji Jande are fake.
4) signature expert opinion is also received from CID pune which says signature are not written by Sankar annaji Jande.
5) PLANTIFF has kept suit pending for 24 years for settlement and doesn't run case.
6) we have moved application under sec 340 read with 195
7) case law of cl pangharkar , sanjive kumar Mittal was submitted.
8) judge has passed order to register application as miscellaneous judicial case .
Please tell me what to do now and how can civil matter get dismissed .
Also tell me how will this judicial case run and will the PLANTIFF get punishment .
My grandfather died in this tension and my father is looking in this case and since 24 years we are slogged . Please do help I will will be very great full.
Devajyoti Barman
(Expert) 27 January 2016
The court now hears the petition u/s 340 separately from the main case.
Since the main suit is pending for so long you can approach the high court for obtaining order of speedy disposal of the suit within a specified time frame.
Amol Jande
(Querist) 27 January 2016
Ok but sir
In the case order says " court is of to file a seperate case as per application of 340 crpc as per chapter xix para 337 of civil manual.
I wanted to ask weather criminal case will be filed or civil case will be registar and what will be our role in case and how should we plead.
Devajyoti Barman
(Expert) 27 January 2016
You have opened a new thread with the same query.
Do not do so in future.
Dr J C Vashista
(Expert) 28 January 2016
You have stated to have filed an application u/s 340 r/w 195 Cr. PC then the same is governed by CPC or Cr. PC?
If under the provisions of CPC is it civil case or criminal complaint?
A good question paper.
