Sec 340 crpc
PARTHA SARKAR
(Querist) 03 March 2012
This query is : Resolved
1. Kindly advice if a 340 CrPC case filed after filing of show cause during pendency of RCR decree execution case. Can the opposite party pray for rejection of plaint with huge cost due to premature stage of suit before evidence?
I am quoting the para "That the execution case is at the stage of hearing only and no evidence has been recorded or produced by any of the parties before this Learned Court and accordingly the evidence of the opposite party/wife cannot be taken in to account for any purpose by this Learned Court and as such the said application is premature, which can not be entertained"
Ajay Bansal
(Expert) 03 March 2012
First of all the word 'case' is wrong for 340 Cr.P.C.,rather it should be said as an application.Further this section 340 is applicable only after submitting of false evidence in court. If no evidence has been submitted by anybody then obviously scope of 340 is not commenced and the application u/s 340 is not maintainable.
PARTHA SARKAR
(Querist) 03 March 2012
Sir even by verifiaction the OP made false statements at show cause and the petitioner have documentary evidence of these.
PARTHA SARKAR
(Querist) 03 March 2012
Sir, Kindly advise whether in decree execution case evidence will happen? As final order will be as per decree not against of it.
Raj Kumar Makkad
(Expert) 03 March 2012
repeated query which has already been replied.
prabhakar singh
(Expert) 04 March 2012
This is another query from him not same one.
The confusing point is that how an application u/s 340Cr.P.C.being called plaint.Plaints are filed in Civil cases and there rejection is regulated by CPC.
Shonee Kapoor
(Expert) 04 March 2012
Rightly said, it is an application to the court for taking cognizance.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
