Can a rcr (exparte) decree holder file u/s 340 cr.p.c. & s.193, 200 & 209 of ipc before ld. a.d.j?
PARTHA SARKAR
(Querist) 04 September 2011
This query is : Resolved
Can a RCR (Exparte) decree holder file U/s 340 Cr.P.C. read with section 193, 200 and 209 of IPC before the Ld. Additional District Judge against the judgment debtor?
If in reply of show cause by the judgment debtor can submit that she has no knowledge about the decree/order before the Ld. Additional District Judge despite the same sent through speed post having acknowledgement received by the father of the judgment debtor along with letter of request to comply the RCR Ex-parte order being valid service as per Order 5 Rule 15 of CPC. Decree holder the same annexed at the time of filing of the Matrimonial Execution suit.
1. My question whether perjury case applicable at the same court or any other court U/s 340 Cr.P.C. read with section 193, 200 and 209 of IPC against the judgment debtor?
2. If not what other alternative remedy is available in such situation Decree holder having prima-facie evidence?
M/s. Y-not legal services
(Expert) 04 September 2011
Sir, your query is very confused.. Whats the relevancy between rcr's exparty order and those mentioned sections? Just clear it. What you coming to say?
Raj Kumar Makkad
(Expert) 04 September 2011
prejury proceeding is filed/initiated before the same court wherein the matter is already pending but if decree has not been executed then this is not the appropriate remedy. It is better if you go through section 340 and all other section you referred and then raise any relevant query.
PARTHA SARKAR
(Querist) 04 September 2011
During the pendency of RCR execution case if false statements submitted with reply of Court show cause notice by the judgement debtor. At this stage where hearing is pending can I file perjury with prima-facie evidence at any ADJ?
prabhakar singh
(Expert) 04 September 2011
No, no case of any perjury appears to have been made on facts stated.
girish shringi
(Expert) 04 September 2011
Sometimes some seniors are trying to confuse the judicial officer to kill the time,which gives some relief to the client.
Meantime get prepare the client to be ready to go to the High Court.
My friend Mr. Bhatt has successfully used this technique.
It is just my personal view may not suits to be expertise statement,but it worked.
Chanchal Nag Chowdhury
(Expert) 05 September 2011
Perjury lies when false evidence has been knowingly led. In this case, the matter was decreed ex-parte.How does Perjury arise?
For the rest, Mr. Makkad has correctly stated the position.
PARTHA SARKAR
(Querist) 05 September 2011
Sir,
After filing of Decree Execution case a Show Cause(for non complaince of the decree)notice to be issueed to the Judgement Debtor by the court. The judgement debtor appeared first time and submit a reply against show cause by defending herself with false statement. Under this circumtances if next date is fixed for hearing may I permit to file perjury s. 340 Cr.P.C. read with s. 193, 200 and 209 of IPC at the same court (ADJ) with evidence?
