If he has lied on oath in an affidavit filed in court he is guilty of perjury and hence an application must be filed.
A person fills a falsified claim in court, and i have five documents that can prove that his claim are false. Can i file a perjury case against him befor that court made a judgment on the matter of his claim?
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If he has lied on oath in an affidavit filed in court he is guilty of perjury and hence an application must be filed.
All false claims filed in court does not amount to perjury.
2. if the falsity is made willfully and to cause unlawful loss to another misleading the court then only perjury is attracted.
3. if you share details of your query then further advice can be given.
Producing the documents in you possession you should get his claim dismissed on merit. After that you can file criminal complaint against him under Section 193 of Indian Penal Code, 1860 the punishment for which is imprisonment for seven years.
Dear Sir/Ma'am,
1) If you wish to undertake perjury proceedings against another individual, you can file an application to the court in which the case is being heard, in which any person has provided false documents/ affidavits etc.
2) The court where application is filed only decides if inquiry should be made into the matter in the interests of justice or not. If the court finds that perjury has undertaken, it will file a complaint and initiate proceedings against such person.
Thank you
You say that it is a false case, but who certified it to be false.
Your contention that it is a false case cannot be held valid.
The court is the authority to declare that they are false claims.
Since he has approached court with his false case, you may challenge the same and prove that it is a false case after which you have options to file perjury case against him for giving false statement before court on oath.