Can a rcr (exparte) decree holder file u/s 340 cr.p.c. read with section 193, 200 and 209 of ipc bef
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 case by the judgment debtor before the Ld. Additional District Judge can submit that she has no knowledge of decree 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 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?
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
Repainted by mistake,You are an expert.
