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ash83 (.)     17 August 2025

When can application under 340 crpc be filed in civil suit

Dear all,

I have filed a civi suit for declaration injunction and possession of property.

In written statement of defendants they have pleaded false information knowingly like 

1. The property is converted property which is not so.

2. Further, in verifying affidavit it is said true copies of original.is submitted. However some of documents the originas were exhibited in another case. The originals bore a court seal and exhibit nbr... They have not produced true copies of originals exhibited. However produced old copies in list of documents to hide from court knowing it.. 

3. They pleaded their land developer name is xyz however it is not so. 

4. They pleased site is formed in property no. ABC... however another case injunction suit pertaining to property no. ABC is dismissed Which is  concleaded pleading of written statement. 

5. Several such false pleading which many of things is not true..

Can 340 crpc application be filed based on pleading of written statement and veryfing affidavit filed their in  or should be filed only after evidence stage and marking of document please .? 



 5 Replies

Dr. J C Vashista (Advocate )     17 August 2025

You can file an application  u/s 340 CrPC at any stage of the case/ suit. However, it is for you to justify, eviedenced and prove purjury committed by the opponent(s).

1 Like

Advocate Bhartesh goyal (advocate)     17 August 2025

Prtition u/sec 340 of Cr.P.C can be filed at any stage. of case  when it appears that opposite party has filed false and fabricated evidence  ( documentary & oral) .

1 Like

T. Kalaiselvan, Advocate (Advocate)     17 August 2025

The information furnished in the written statement may be false but it may not attract perjury instead you may have to proceed with the suit on the strength of your own pleadings and get the suit decreed in your favour instead of deviating the main suit into such unwanted issues.

1 Like

P. Venu (Advocate)     17 August 2025

Courts in India are virtually passive against false pleadings and Section 340 CrPC is yet to be operationalised in its letter and spirit. 

Your priority ought to be  the reliefs you have sought in the civil action than getting lost in the labyrinths of incidental procedure.

N.K.Assumi (Advocate)     18 August 2025

Yes, as pointed out by the experts, invoking 340 is premature at this stage. Better go for logical conclusions of the case first.


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