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jain@lawyersclubindia (Prop.)     14 August 2015

Complaint u/s 340 crpc in civil suit

I have filed a Civil Suit and the Respondent files his Written Statement with Affidavit and their after I tender my evidence and the case is still pending for Plaintiff evidence.

Respondent also filed a another Civil suit against me having the same matter and in his case he takes entirely different & opposite plea which he takes in his Written Statement (Defense) in the suit filed by me against him.

Respondent (Plaintiff in this case) tender his evidence in the suit filed by him, and with the permission of court we have summon the case file of the suit filed by me and in the cross examination of the Respondent (Plaintiff in this case) while showing the original Written Statement filed by the respondent, Respondent states that he does not remember that the he has filed the Written Statement and also does not remember that the signature in the written statement is signed by him. i.e. Respondent neither denied the Written Statement nor he Admit the same.

I want to file the complaint u/s 340 CrPC against the Respondent in the case filed by him against me, as he takes entirely different & opposite plea in his evidence w.r.t Written Statement submitted by him the case filed by me but point is that Respondent neither denied the Written Statement nor he Admit the same as he his saying that he does not remember.

  • Can this come under the false evidence?
  • What can I do next?
  • Can I file any Private Criminal Complaint in any section of IPC?
  • Any Supreme Court Judgment regarding this?

Note: Both the suits are pending in the respective court and the both of us (parties) are appearing in both the suits.

Thanks 



 1 Replies

Amit jande (Partner)     18 November 2015

Dear Jain sir,

Sorry but i m not a lawyer to guide you.

but in civil case pending, I am defendant and plaintiff has given false evidence.

there is a provision in code of civil procedure Order 6 Rule 15 verification of plaint under which court can punish plaintiff for false verification.

also there is contempt of court u/s 2 c , 12.

you can fill application to any court u/s 340 of Code of criminal procedure Read with 195 for FALSE EVIDENCE.

 

YOU CAN REFER TO SANJEEV KUMAR MITTAL VS STATE  LAWS(DLH)-2010-11-39.

Thanks

regards

frm amit

 

 

 

 

 

 

 

 

 

 


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