When to file a perjury case?
Querist :
Anonymous
(Querist) 03 December 2011
This query is : Resolved
Respected Experts,
Do suppression of vital facts which hampers the administration of justice, make a case for perjury in a civil suit? If so when can the respondent ( in this case)bring it to the notice of the honorable court ? Before filing the counter? Or after the case is over? Please guide .
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 December 2011
Perjury is most misused concept and mostly by litigants who wants to be smarter than their advocates.
prabhakar singh
(Expert) 03 December 2011
It is hard to suggest in such circumstances without being aware of complete pleadings desired to be assailed as suppressed.
ajay sethi
(Expert) 03 December 2011
leave it to your advocate judgement .
Querist :
Anonymous
(Querist) 03 December 2011
I am party in person.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 December 2011
Than no hopes for you since no judge will entertain your case.
Still I do not want to discourage you, please read various SC citations in the matter than only concept of PERJURY will dawn on you.
Legal Fighter
(Expert) 03 December 2011
Perjury is to be filed after evidence and before final arguments so that any order in this regard comes with the final order itself. there are some confliting judgments for maintainability of perjury after disposal of the case. so better to file it after evidence and before final arguments.
Querist :
Anonymous
(Querist) 03 December 2011
Thank you legal fighter. This is precisely I wanted to know when to file a perjury. I suppose law treats a party in person without any prejudice. Even if it does not, I will not have pre conceived notions on whether party in persons would be treated any the lesser than advocates by the courts.
Advocate. Arunagiri
(Expert) 03 December 2011
Suppression of facts is not a perjury. Giving false information during the judicial proceedings is called perjury.
Law is not preventing you in appearing as party in person. But, many of the judges are not comfortable with party in persons. Just because many of the party in persons, does not know the law, they think they can handle the case based on the facts of the case only.
More over by engaging a professional, he will be presenting your case in a better way.
Querist :
Anonymous
(Querist) 03 December 2011
Thank you Advocate Arunagiri. You have addressed my query without being sarcastic and I thank you for that. I also thank you for your advice.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 04 December 2011
Do not get affected by sarcastic comments since if you have grit it should arouse your strength if not no body can help you.
I know the position of IN PERSON much better since before doing law I have gone in number of cases upto SC and against many biggies.You can never come out in straight fights , you must learn to trap the opponent in making mistakes. So even other things not in your favor the mistakes of opponent help you.
That is why my comments are never like I agree or similar other phrases but most of the time contradictory to others.
Querist :
Anonymous
(Querist) 04 December 2011
Thank you JSDN. That's why my query. In the ocean of allegation, there were some concrete false declaration, ( which if raised preliminary objection, may result in dismissal of the petition). But dismissal of petition would not serve any purpose for me. Or the court may even ask the opponent to amend the petition, or submit it under appropriate section of law. The suppression of vital fact align with the false declaration. And hence my question on perjury, and at what stage. The advocates themselves are not very clear on it and keep giving me different versions. That's the reason I decided to post the query here. On public forum like this I cannot get into the details of the case for personal reasons. Thanks all the same for sharing your experience....
Shonee Kapoor
(Expert) 06 December 2011
I disagree completely with JSDN. In Indian system it is the most unused provision, which has promulgated much lies in the courts.
Dear Friend, come out with the complete facts, being a party in person, it is possible.
If needed you can get in touch with me at my email.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
PS: Litigant has to be smarter than his lawyer most of the times to get his work done in time. NO OFFENCE TO GENUINE LAWYERS
