Change of 340 crpc application
kashif
(Querist) 14 November 2012
This query is : Resolved
In a civil sute , the plaintiff filed a forged document, respondants moved apllication u/s 340 crpc . The plaintiff still not objected to the application and the application is still pending for interim order. In the meantime the respondants found that ...
1) document was forged by plaintiff's son in his own handwriting
2) plaintiff's son is attending the dates of the suite in person and also used to sign his own signature on dates awarded by the trial court (on the order sheet)
3) the suite is of Land property and for that land prorety the plaintiff has made his son his mukhtar-e-khas by a registered deed just after the suite was filed by the plaintiff. Plaintiff has not submitted that deed in court and also nothing was said in the court about this deed by the plaintiff (and respondants also).
Plz tell
1) Can the plaintiff's son be made accused on the above grounds, for commiting forgery with the court and be challanged u/s 340 crpc
2) If yes then what will be wiser, the 340crpc application be modified by the respondants to include plaintiff's son(by filing a modification application), or , respondants shld "not press" their application and then move a fresh application of the same nature this time including the son with the father.
Thanks
R.K Nanda
(Expert) 16 November 2012
contact local lawyer.
Raj Kumar Makkad
(Expert) 27 November 2012
* Nand! It seems that you have been assigned a special duty to tel every querist to engage local lawyer and nothing more than that. This is not the way to address the queries. Anyway, you are senior to me and can well decide about you.
Raj Kumar Makkad
(Expert) 27 November 2012
Yes. His son is an unauthorized person and he cannot be allowed to distort the record of the court so you can easily make him also co-accused with the plaintiff.
kashif
(Querist) 27 November 2012
by which method -----
1) Not pressing current application and filing a new one, or
2) Modifying the current one by filing a new one which include the son.
Plz tell.
Thanks
Raj Kumar Makkad
(Expert) 27 November 2012
You should move a fresh application praying therein to insert the name of son of already impleaded accused person.
