Legal representative
kashif
(Querist) 10 January 2013
This query is : Resolved
During the pendency of an injunction suite regarding a plot of agricultural land, the plaintiff died leaving one son (married) and one daughter (still unmarried). The son filed an application in the court with an affidevit in both of which he said that his father left only one successor i.e the son himself. He prayed the court to put the word "late" with his father name and record his name adjacent to the name of his late father as plaintiff. Did he committed any crime in submitting this erronious inforamation in court and if it is than what should be the line of action of the respondants in this case? THX
Advocate Ramesh
(Expert) 10 January 2013
In general in a suit if the plaintiff is died, then any one of legal heir will file a petition and continue to take the case. So it is not at all comes under crime. The repondents can't take any action against him with respect to above.
kashif
(Querist) 10 January 2013
Son specifically mentions that his father left ONLY ONE SUCCESSOR, while actually he left two. Is it not prejury in the court ?
Devajyoti Barman
(Expert) 10 January 2013
It is false statement of oath for which he can be prosecuted for perjury.
Adv.R.P.Chugh
(Expert) 10 January 2013
File an application u/s 340 of the CrPC. The Daughter is also the legal representative/heir. Having made a false statement the LR is liable u/s 193 IPC
Raj Kumar Makkad
(Expert) 10 January 2013
Such false claim on oath before the court with the intention to derive undue benefit is definitely a crime against the court so move application under section 340 of Criminal Procedure code before the same court.
MohammedRaffiq Bijapur
(Expert) 10 January 2013
It was intention and voluntary wrongful act of son of suppressing true fact and thereby making false claim in a court. It amounts to offence u/sec209 of IPC.
Advocate Ramesh
(Expert) 11 January 2013
Kashif, you asked the question in civil law, as per cpc if the plaintiff is expired any one legal heir can take the case. You have to file a separate criminal case against the son mentioning in that affidavit in criminal court as a private complaint and take action against u/sec 209 of IPC
and 193 of IPC
kashif
(Querist) 11 January 2013
Thanx Experts
