if plaintiff has made false statement on oath and has not come to court with clean hands you can file application for perjury against him
Perjury or ????
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.... Now then Respondent got information that one Plaintiff already died in 2012 and 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 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 dismissed.
Asked 2 years ago in Property Law
Religion: Muslim
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7 Answers
The person represented as plaintiff has committed many criminal offences, viz,. Impersonation, forgery, fraud , cheating etc.
It's not defamatory offence.
A criminal complaint can be lodged and a petition to dismiss the suit also may be filed.
- Since, the court has passed ex-parte order /decree , then you should move an application for setting aside the order and to cancel the injunction order
- Further, when the injunction order cancelled then you can move an application under section 340 CrPc before the same court for lodging an FIR against the plaintiff/persons who had filed the petition .
Dear client,
Sorry to hear about your situation. In the event that it is discovered that the plaintiff in the civil lawsuit filed the case falsely, you could want to file a criminal fraud charge under Section 420 of the Indian Penal Code (IPC). Additionally, you may want to consider bringing a defamation action under Sections 499 and 500 of the IPC if the bogus case has damaged your reputation. Lawsuits for defamation and fraud may be brought simultaneously. Make sure you collect enough proof to prove the deception and the harm to your reputation.
Hope this helps you.
It is not a case of perjury. You can file application under section 340 Cr. P. C.
file an application to set aside the order by which the suit was set as ex-parte against the defendant
you will also have to file a delay condonation application alongwith the above application
as regards the dead plaintiff the suit will abate so far that plaintiff is concerned
the other plaintiff who is living can still pursue the matter
once the ex-parte order is set aside and you are permitted to file a written statement, the suit will be set up for trial
If he has defamed you in that plaint then you can file both civil and criminal defamation
