340 Cr.P.C.

gurditt Singh Saini (Querist) 11 February 2011 This query is : Resolved
Sir,
A party pleaded in civil suit supported with affidavit, that defendant was served through legal Notice under specific postal recipt no. But later on it was found that on that day a notice was received under the same postal receipt No. by the defendant, but that was not sent by Plaintiff/counsel. Whether case u/s 340 is made out against the Plaintiff or not?

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Amit Minocha (Expert) 11 February 2011
no unless they reaffirm the same in evidence and the same is being confronted during cross examination

Advocate. Arunagiri (Expert) 12 February 2011
Your query not seems to be a genuine query. How the plaintiff know the postal receipt number which the defendant had received on the same day same receipt number?

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