Procedure for application under 340 crpc

Terry DCruz (Querist) 02 April 2015 This query is : Resolved
There is a writ petition (civil) pending before Calcutta High Court, Applellate Side.

After receiving the counter affidavit, i find that falsehood is clearly visible.

I want to file an application for perjury.
Since I am appearing in person-
I request to please guide me as to whether will it be C.A.N in WP or/ C.R.A.N in WP or any other form of application?

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Devajyoti Barman (Expert) 02 April 2015
In W.P there is no CAN or CRAN. In Calcutta High Court CAN is filed in 227 applications, appeal proceedings etc.
In WP petitions you can simply file one petition u/s 340 crpc in the same court where your writ petition is pending . Few courts like J.Sanjib Banerjee are very strict against false statements.

Terry DCruz (Querist) 02 April 2015
it is wp under 226,
how will it be numbered sir.

MANOJ HARIT (Expert) 03 April 2015
Agree with Barman Sir. In Mumbai HC it is known as C.A. (Civil Application)

Take out the Application for perjury in accordance with Calcutta HC Rules.

ajay sethi (Expert) 03 April 2015
agree with Mr barman

Rajendra K Goyal (Expert) 03 April 2015
Agree with the expert Devajyoti Barman.

Dr J C Vashista (Expert) 03 April 2015
It would be better for you (in your own interest and benefit) to engage a local prudent lawyer.

Terry DCruz (Querist) 04 April 2015
Court office says i should be

C.A.N ...... of 2015
in
Writ Petition No. .... of 2015.

T. Kalaiselvan, Advocate (Expert) 08 April 2015
You go by the advise of the court if the reply by experts are not satisfactory.

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