Mousumi Sen (Owner) 12 August 2016

About written statement in a suit

A Written Statement by a Defendant in a suit is filled with clearly evident false statements in some main areas of the case. Then if the Plaintiff succeds in proving such false statements, then can she ask for rejection of the Written Statement as it is a fraudulent document? If so under which Section/s of CPC? In that case the suit proceeds like as in ex parte?

Also besides perjury are there any another legal provisions available in the above scenario?

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4 Replies

Advocate Bhartesh goyal (advocate) 12 August 2016

In case defendant fails to prove the contents of written statement,court will pass the judgment in favour of plaintiff but court can't reject the w.s in preliminary stage.

Mousumi Sen (Owner) 13 August 2016

Thank you all for your replies.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 14 August 2016

If the contents of the written statement are found to be false at the end of the suit, then the court can move against the defendant on account of perjury at the instance of the plaintiff or suo moto.

Prior to that it is not permitted.

Augustine Chatterjee

Advocate & Solicitor at Law

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