Your concern is valid, but you need to proceed strategically and not over-aggressively, otherwise the court may treat it as unnecessary escalation.
First, merely wrong reading or misinterpretation of a registered document by an advocate, even if deliberate, does not automatically attract action under Section 340 Cr.P.C. Section 340 is invoked only when there is clear, deliberate false evidence on oath or fabrication of documents affecting administration of justice. Courts apply this provision very strictly.
In your case, the stronger and more effective remedies are within the execution proceedings itself:
You should immediately file a detailed written objection/rejoinder in the execution petition clearly demonstrating:
- The correct interpretation of the registered release deed
- That the JDR has acquired 50% share through release by his wife
- That the claim now taken is contrary to a registered document
Annex the certified copy of the release deed and highlight the specific clauses.
Further, press the court to:
- Reject the objections under Order 21 Rule 54 CPC as frivolous and unsupported by any document
- Impose costs for false and vexatious objections
- Record that the objections are only to delay execution
You can also rely on recent Supreme Court guidelines emphasizing expeditious disposal of execution proceedings and discouraging dilatory tactics.
If the false claim is being made on affidavit (sworn pleadings), then as a second step, you may consider:
- Filing an application seeking initiation of perjury proceedings, but only if there is a clear contradiction with documentary evidence
Section 340 Cr.P.C. should be used cautiously and as a last resort, because:
- Courts avoid converting execution proceedings into criminal litigation
- It may delay your own execution
A more practical pressure tactic is:
- Seek heavy costs
- Seek early disposal directions
- Press for attachment to proceed without being stalled by baseless objections
In summary, your best course is:
- Counter the false claim with documentary clarity
- Get the objections dismissed with costs
- Push for execution to proceed
- Use perjury route only if false statements are on oath and clearly provable
This approach is faster, more effective, and aligned with how execution courts function.