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Sreedhar Sunkara (advocate)     26 August 2022

Exparte decree and purjuery

Dear members, 

 

 The defendant's counsel failed to appear before the court on the adjudicated day, the court passed exparte order in favor of the plaint. The reopening application was filed before the court and is posted for arguments in the coming month. The defendants counsel has shoed sufficent cause for non apperance of the case. 

  The plaint is filed on false cause of action and there is no louci standi for plaint to filesuite. The defandent want to file perjury petition before the court at this matter. 

The entire case is on false hood and tampering of documents, will perjury petition also stop expart degree once filed? 

how perjury petition will effect the expart decree?



Learning

 5 Replies

Dr J C Vashista (Advocate)     26 August 2022

What is the suit about ?

Whether suit is already decreed ex-parte ?

Law governing "purjury" is not applicable in a civil suit/ case as it is a crime governed by Section 191 of Indian Penal Code, 1860 which reads as:

Section 191 in The Indian Penal Code

191. Giving false evidence.—Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or be­lieves to be false or does not believe to be true, is said to give false evidence.

Explanation 1.—A statement is within the meaning of this sec­tion, whether it is made verbally or otherwise.

Explanation 2.—A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.

Prima facie it is a time pass post.

Be specific qua your concern / problem / locus standi to the suit ?

1 Like

Sreedhar Sunkara (advocate)     26 August 2022

Sir, 

The suite is to demolish newly constructed house. The house is constructed in approved lay out, with all permissions. 

The plaint filed false statement in their suite stating non existing floors of house, that is only G+4 only but plaint says it is g+5, the plaint is represendted by minors mother who are aged about more than 5 years. Asper hindu minorityy and sucession act sec 6(a) after father only the mopther is legal guardian. Minors father is alive and living jointly with mother. This is case of false personation. 

 The plaint claims violation of easementary rights of air, ventelation and sun light from 18 years to 1st and ground floor of plaint house, but the plaint house do not had 1st floor until 2010. This is false claim. 

there is no encourachment of land by defandent, the corportion has given all permissions and not conteted in suite by same corporation. 

The plaint has tempared their title deed which have details of plaint house in 2010, 

Plaint claim that violation of easement rights, which rise out of same land but not from different land. Plaint plot and defandent plots are adjacent, that mean there are easement rights for plaint. 

the plaint claim they left proper setbacks to their house for proper ventilation and air, but factually they left least set back and on some sidesthey blocked ventilation. 

Esasement rights is also false claim. 

By oath and in writting they have filed false affidavit by false personation, false claim and tampering of records by mother of minors on abetment of father. 

Unortunately the defandent counsel was abscent for one of the adjudication of I.A , the court passed exparte decree, on the same day the defandents counel has pleaded reopening of I.A, which is in consideration and posted for arguments in next month. 

Now the defandent want to file perjury petition as both original suite and I.A are false, if that is case what are out comes? 

Please advise a course of action for defandent. 

P. Venu (Advocate)     26 August 2022

Facts posted suggest no cause of action for a petition alleging forgery. If the pleadings of the plaint reveals no cause of action, you may move an IA for rejection of the plaint.

1 Like

Sreedhar Sunkara (advocate)     26 August 2022

Sir, But the false affidavit is as much that of a giving false evidience and punishable offence under CRPC

Dr J C Vashista (Advocate)     27 August 2022

Please request your counsel to obtain certified copies all relevant documents from Court / judicial file and move application u/s 340 Cr PC r/w 190 IPC

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