• Died Person got court order

In 2017 a person filled a perpetual injection case in city civil court, behalf of two person with Development-cum-GPA of 2006. And took order of EX Parte. Other side did not contest the case but they receive the notices. Judge gave order in favour of Plantiff....as a EX-PARTE.

Now then Respondent got information that one Plaintiff already died in 2012 and early they filled case in 2017 then in 2019 got order of Ex-Parte.... with these thing i am sure case will be dismissed after the plainttiff died.

My question is that if the case is dismissed or now.... then WHICH CASE I CAN FILE AGAINST THE PLAINTTIF ;;;;;;; CRIMINAL FRAUDELENT, DEFAMETION OR ETC.....Please suggest me which case I have to file after the present cse dismissed or Now.
Asked 3 years ago in Property Law
Religion: Muslim

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

5 Answers

You can file a complaint in the Court of Magistrate under Section 209 for dishonesty making false claim in Court. Offence  is non-cognizable therefore police will not take complaint. Punishment for offence  is imprisonment to two years. File complaint producing the ex parte decree and death  certificate. Summons will be issued  to him and after he will be convicted.   


 

Depending on the location of Court that passed the decree you can file criminal complaint in criminal Court at Secunderabad of at Nampally, Hyderabad. But before filing complaint, the respondent need get the ex parte decree set aside on the ground of suit having been filed in the name of dead person. You can get it set aside as there is no limitation against decree obtained by fraud. 

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

If you are the defendant then you can file an appeal and challenge the case.

Since this is a court case decided on merits, defamation case is not maintainable.

If the plaintiff had committed any criminal offence then you can lodge a criminal complaint with police about it.

Without seeing the case papers and the court decision no further opinion can be rendered 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Section 209 of the Indian Penal Code makes dishonestly making a false claim in a Court as an offence punishable with imprisonment upto two years and fine.


2)file case against plaintiff under section 340 cr OC read with section 209 of IPC

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Dear client,  I am sorry to hear that but in this case you can obviously file a deformation case.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Yes you can file 340 crpc against the said person for. Perjury and set aside the order too by filing a suit

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer