Strange Grounds for dismissal of 340 CrPC proceedings
MSC Shekar
(Querist) 23 June 2011
This query is : Resolved
In a civil suit a registration department has given false evidence. Later after a gap of 18 years the fraud of the registration department was brought to the notice of the court by the way of 340 CrPC petition.
The court issued show cause notices to the concerned head in the registration department, they failed to respond and was Set Exparte accordingly.
After hearing was completed, instead of giving a exparte order the court Dismissed the petition?
What could be the grounds though the respondents have failed to respond was set exparte?
Thanks in advance
Ajay Bansal
(Expert) 23 June 2011
Send copy of final order as without seen the same nothing can be said.
Kirti Kar Tripathi
(Expert) 24 June 2011
In Ex-parte case, it not possible that the party always will get judgment in his favour.If case is not made out, the same can be dismissed even if it is Ex-parte.
Ravikant Soni
(Expert) 24 June 2011
I thing you didint mean what a exparte order.
reveal the facts of order so we can answer your query.
Advocate. Arunagiri
(Expert) 24 June 2011
The court is having the power to dismiss the petition even in exparte, if there is strong grounds to dismiss it.
What was the ground to dismiss it?
