Manohar Manu (NA) 20 September 2016

Query about filing perjury

Hi Legal Team,

One of our relative filed declaration and permanent injunction suit to harass us. Though he is not in possession of the property, he told in his statement and cross evidence that he has put bore in the property. Fact is we have put bore well in that property and we have original document for bore well that which shows our possession in the said property. Now my question is can we file perjury case against the plaintiff for filing this fake suit. The case is still pending and plaintiff is not attending the case regularly. His intention is to harass us and claim a lumsum amount. Pls advice on this.

Regards,

Manjunath.

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7 Replies

G.L.N. Prasad (Retired employee.) 21 September 2016

When the case is still pending in the Court, you have lot of time and opportunities to establish your claims in the court with such authentic proofs. Let your counsel take this responsibility and bring facts to the attention of the court at right time through right procedure, which may also help you.

Shashikant V. Patil (Lawyer) 21 September 2016

If you have sufficient proofs and evidence in your favour then need not to worry. Your lawyer is competent enough to contest your matter if your claims are genuine.

Manohar Manu (NA) 23 September 2016

Dear Legal Team,

We have Electricity and water bill in our name and all revenue record in our name. Is it not enough to show our possession over the property ?

Plaintiff main intention is to grab money, since they have debts from many source. If one case is filed against them for filing this case, they will keep quite.

Regards,

Manjunath

Siddharth Dev (Advocate) 06 October 2016

To make a case for perjury there should not be bare submission it should be in Court records

G.L.N. Prasad (Retired employee.) 06 October 2016

The simple issue leading to complications. and confusion.

The following was appearing in query.)

" he told in his statement and cross evidence that he has put bore in the property. Fact is we have put bore well in the"

That is the statement in court forin junction. It is not clear as to the parties and that case.

Because it is only a temporary injunction, it is presumed that another regular suit is going and the chance of cross examination with him is still open. The bore drilling documents can still be presented by the queriest family.

Now the clarification is as to whether Court himself takes into account this as perjury or some one has to file separate suit for perjury,. The queriest confirmed that it is a court record. Mere making a statement on affidavit or in cross examination knowing that facts is not true amounts to perjury are not the presumed query from original queriest.

Manohar Manu (NA) 13 October 2016

Siddharth Dev Sir And G.L.N. Prasad Sir,

The same plaintiffs said in Land Acquistion Case, to court that they do not have any rights over the suit schedule property, and it is recorded in court document and it is there is final judgement as well.

They have suppressed this LAC matter in declaration suit, does it applicable for perjury case ?

Regards,

Manjunath