Krishna (na) 28 March 2013

Wrong statement with affidavit

Dear Experts,

We (family members) are defending a civil suite for recovery of (meher) dowry articles. Other party have filed an false affidavit before police stating that a person sold out his property and incurred a interest free loan to his uncle to perform marriage of his daugter. However after after two year past of filing complaint in police station for dowry case we received summons from civil court for recovery of dowry articles. When we investigated the details mentioned in affidavit about the property sold out status we found that property was never ever sold out and still in the possession of the person who claimed to have it sold out.

Now other party get the information from sources that we know abou the current status of property and they file applicaiton in court in order VI rule 17 to change the name of party who incurred loan. We have strongly object this applicaion via our WS filed as per the court direction. However arguments are pending for the applicaion moved in court u/s order VI rule 17.

What should our move in this case, Shall we move written argument with seciton 340 application and also with applicaiton to run a parllel criminal cases against other party whoever involved in this activity. Can we move another application in are MM/JFCM Court to initiate criminal case U/s 420,468,471,120B,511,196 r/w section 34 IPC.

Please guide its bit urgent.

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(Guest)

Under Section 195 of The CrPC, the Court can take cognizance only if, the complaint is in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate. OR on the complaint in writing of that Court, or of some other Court to which that Court is subordinate.

Main ingredients of Order VI Rule 17 are that, in spite of due diligence the party could not have raised the matter before the commencement of trial, and whether such amendment would be necessary for decision of the real controversy between the parties in suit.

Here real controversy between parties is recovery of Dowry Articles, but the Uncle took the loan for expenses of Wedding Events. So, in my opinion, expenses of Wedding Events cannot be included in Dowry Articles. With arguements, you can plead that the amount of loan cannot be recovered as Dowry Articles.

After successfully contesting the civil case, you should separately file the complaint regarding false affidavit.