Info required on interim affidavit
MSC Shekar
(Querist) 14 June 2013
This query is : Resolved
In a civil suit consisting of Plaintiff (private party) and Govt Department (Respondent). The following has happened
1. Govt Department Files a false Written Statement.
2. In a call for Documents/Records (from Respondent) Petition filed by Plaintiff. The Govt Department files a false affidavit.
My query:
1. Since a Affidavit contains the first statement that on oath I submit:
Can the Government Department be made responsible for the entire false Written Statement for purgery / otherwise ?
Thanks in advance
ajay sethi
(Expert) 14 June 2013
it has to be proved that staements made in affidavit are false .
Rajendra K Goyal
(Expert) 14 June 2013
agree with the Expert Sh. Ajay Sethi ji. Take information from Government Department through RTI also. Hope the reply under RTI would support your version.
Raj Kumar Makkad
(Expert) 19 June 2013
This is a clear case of perjury. File petition under section 340 Criminal procedure code in the same civil suit against the officer who filed that false affidavit.
V R SHROFF
(Expert) 01 November 2013
CR P C 340 HAVE PROVISION
P. Venu
(Expert) 01 November 2013
The proceedings are criminal, but it is subject to provisions of Section 195 Cr P C.
This is all theory and not practice.
Firstly, it is quite common, rather a smooth administrative practice, for the Government and its officers to misrepresent facts and mislead the courts. I am yet to come across any officer, judge or an advocate having the courage and conviction to acknowledge this menace and to take even a small step to eradicate this perversion.
