Sjksjksjks (proprietor) 05 May 2011

w. 195 of CRPC can be made in pendi

Sir,

In Civil Court the deft. Mr A has given contradictory statements :-

In RCS he said he is the owner and possessor of the flat.

In the M.A. (U/O. 39 Rule 2A) he gave statement that he is not owner of the flat but Mr. B is the owner of that flat since beginning.

Both cases R.C.S. and M.A. are pending

In which case whether in R.C.S. or in M.A. I can file case u/s. 340 r/w. 195 of CRPC against Mr. A. ?

Secondly, whether I have to make a separate case i.e. Other Misc. Application or simply an application in the case either R.C.S. or in M.A. is enough ?

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2 Replies

adv. rajeev ( rajoo ) (practicing advocate) 05 May 2011

you have to file an application in the R.C.S. by producing the plaint copy of M.A

Jamai Of Law (propra) 06 May 2011

Due to contradictory statements, Once it is proved about who's the real and authentic owner of the property,

Then in at least one of the cases he would be considered to have committed purjury and in the other suit his statement may or may not be treated as 'proved'.

So submit a purshis in both cases saying that ......................... 'this is a blatant contradiction which has come to the fore ................ and that it is an intensional act .................and that in at leat one suit the party is liable to be proved as 'telling lies to court' '

........... and 'based on the fact finding necessary action/proceedings should be taken in this case (either one of the cases)'

Why at least one suit? in reality the property may be owned by some another person Mr C as well!!!

You don't need to file another suit, just an application and even a purshis would be sufficient.

Anyways its a court's prerogative whether to initiate any proceedings or not, under crpc195/340