Anil Bhatia (Director) 08 November 2009

Citations: Petitioner responsible: false averment by Attorny

Dear Sir,

In a Civil Suit, I moved an application u/s 340 Cr. P. C. which is allowed by the Hon'ble Court of ARC. But now the question of the Court is that you have to satisfy us that The petitioner is equally responsible for the false evidence - False statement made by his Attirney Holder who have filed the petition on his behalf. As it is visible on face of the record that the attorney holder has given false evidence in the Court and the benificiary would be the Petitioner but as the statement / evidence is extended by the Attorney Holder, I require some citations which I can produce in the Court so that action against the Petitioner may also be taken. I hope you would help me. Thanks,

Anil Bhatia

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2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 08 November 2009

How can you say that the attornye holder was authorized by the petitioner to make a wrong statement? In the POA it is only mentoned that the holder shall make all proccedings on behalf of the testator and all statements/actions made by the holder shall be treated as of testator even then the misstatement/wrong affidavit made/filed by the holder cannot be said as authorized by the petitioner in your case so in my view he is not liable to face the proceeding under section 340 of Cr. P.C.