MALAMMA (SERVICE) 18 April 2026
Dr. J C Vashista (Advocate ) 19 April 2026
Yes, application u/s 340 CrPC is maintainable in the given circumstances.
If you are not satisfied with the opinion/ advise / performance / behaviour of your lawyer replace him /her.
T. Kalaiselvan, Advocate (Advocate) 19 April 2026
The petition for perjury is not maintainable pending appeal and the decision on appeal because if appeal overturns the judgment then the trial court judgement stands dismissed.
MALAMMA (SERVICE) 19 April 2026
Thank you sirs. Plaintiff did not appeal in the HC about dismissed claim which he is in agreement of Judgment finding about Fabrication. HC also, Plaintiff or Defendant/Appellant did not raise this dismissed claim even for argument / discussion sake. Since it's not a subject matter or prayer in the HC, how can HC overturn this finding by trail court about Fabricated Documents. These fabricated documents is actually govt records which can never be altered. Just trying to understand the consequences.
T. Kalaiselvan, Advocate (Advocate) 21 April 2026
The court may not take suo motu action to file perjury petition against the person who filed the fabricated documents in support of his pleading, the court on finding that the documents were forged or fraud then it may dismiss the case, if you are aggrieved then you may have to initiate separate proceedings on your own.
P. Venu (Advocate) 24 April 2026
The courts in our country are rather reluctant to pursue any action under Section 340 CrPC. It is for the concerned litigant to initiate action, if so advised.