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Under which section / act a application of False Plea comes?

Dear Ld. Friends,
A petition may be dismissed at any stage (even after rule of nisi is issued) if Petitioner has made FALSE PLEA..RIGHT !
Refer to citation AISBOF Vs. UOI 1990 SCC Supl. 336 / 1990 SCALE (1) 40
My question for civil (family / divorce / maint. related) is; under which Section / Which ACT False Plea Application is prepared AND OR anywhere in Indian Law is FALSE PLEA defined?



 4 Replies

Nimmakayala Krishna Rao (Advocate)     27 April 2009

pleadings are the case of one persons and claims and counter claims are opposite side litigant pleadinngs.   Both parties in civil cases they have their distincitve pleadins and uponj pleadings of the parties the courts frames issues in civil cases.    Basing on the issues the courts are make trails and after eloborate trial which means recording of oral evidence and consideration of documentary evidence, the courts finally given their verdict basiing on the avialable material on record, who's pleadings are proved.    Basically there the courts are given proved or not proved as per the Principles of evidence.    In crimial cases upon motiton of complaint the police make investigation and upon their investigation the police filed chargesheet and then the courts are conduct trial by framing charges.   Whatever cases, in civil cases frame issues and in criminal the courts are framed charges.    The fundamental priciple of conduct of cases in courts, upon the framin of issues or charges the courts made eloborate enquiry into the subjective questions which was framed issues or charges and upon those issues or charges the courts are given its verdict.    Normally the courts are given verdict as the issues and its findings in whose  favourable the court given final findings.   If at any juncture the court can give finding that one of the parties in the litigations made false ro vexatious pleadings the court can compenstate by way of costs.   If any party in the proceedings have a feeling that the other party made false or vexatious pleaildngs he can have a right to filed suit for vextacious and malacious of prosecution and can get damages from the praties.   In criminal cases production of false witness and giving false evidence there is provision of law u/S 184 to 189 Indian penal code.

Nimmakayala Krishna Rao

Advocate , Machilipatnam, State of Andhra Pradesh.

Y V Vishweshwar Rao (Advocate )     27 April 2009

Mr N K Rao message is  clear on civil and criminal side cases and false please   !

Y V Vishweshwar Rao (Advocate )     27 April 2009

Mr N K Rao message is clear on civil and criminal side cases and false plea !

Gagan Gupta (Advocate)     27 April 2009

I agree with u Mr Rao but there is another provision in CPC Order 14 R 2 Sub Rule 2 b empower court to decide matter with out giving findings on all issues. means  on preliminary issues.

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