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Pushkar (DR)     18 January 2013

False claims made in a civil case

Dear experts,

I wanted to know whether, I can initiate some action in the case below:

We are 5 brothers. 2 of us had a land which we sold to a builder. A road passed through the land of other 3 brothers. This road is there since 1985. However, when these brothers got to know about the sale, they asked me for money which I plainly refused. They then filed a suit seeking a stay against the builder so that he could not use the passage through their land. However, their application was rejected by the court. In their suit they said that we had illegally constructed the road and they were shocked to see the road through their land when they visited their property. I also gave a witness statement against my brother saying that there indeed was a road present at that location.

Now recently one of the brothers who filed a suit has sold his land to the same builder. He has done a registered agreement with the builder in which he has mentioned that the road existed there since a very long time. This contradicts the whole suit that was filed earlier and proves that the whole suit was based on false and frivolous information just to get money.

My question is whether, I can initiate any criminal proceedings against them. They might also file an application and take their case against the builder back. But can I do anything by law to get them punished for their false suit.



Learning

 3 Replies

Advocate Vishnu (Advocate)     18 January 2013

Is the case pending in the court... or has it been dismissed...?

Pushkar (DR)     18 January 2013

Sir, the case is still pending. Only the stay application was rejected. The brother who filed it is now considering withdrawing the case since he has sold the land to the same builder. But can I initiate lawful action for his frivolous approach.

Advocate Vishnu (Advocate)     18 January 2013

If the plaintiff withdraws the suit, then there is no case for you. You can only seek costs for wasting your time and energy. I would suggest you leave the matter and move on , as you will gain nothing out of this suit filed by your plaintiff brothers. If you want to pursue the matter pl refer to - Sanjeev Kumar Jain Vs. Raghubir Saran Charitable Trust , where our Hon'ble supreme court has dealt with matters related to frivolous litigation.


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