Purgery application in civil matters
Sadanand B. Panchal
(Querist) 21 February 2013
This query is : Resolved
Respected Experts,
In my matter the Defendant committed breach of own undertaking given to the Hon'ble Court and then taken out Notice of Motion for rejection of my Plaint.On the coming hearing I have to file my reply to the said Notice of Motion but I want to file purgery application before the Hon'ble Court under Section 340 of the Cr.P.C.Kindly inform me:
Whether the Application under Section 340 of Cr.P.C. is to be file separately? If anybody have a draft of the said Application (Civil Side) please give me.
Whether I have to file contempt Petition?
Regards,
Sadanand b.Panchal
yogesh
(Expert) 23 February 2013
IN THE COURT OF SH. ----------------, ADSJ, KARKARDOOMA,DELHI
IN Suit No.
xxxxxxxxx …. PETITIONER
VERSUS
…. RESPONDENT
APPLICATION UNDER SECTION 340 Cr.P.C. READ WITH SECTION 193, 200 and 209 OF IPC
ON BEHALF OF PETITONER AGAINST THE RESPONDENT
MOST RESPECTFULLY SHOWETH
1. That the above matter is pending petitions consideration before this Hon'ble Court. The respondent ----------------------has filed a ______ on the day of previous hearing that was __________of the application
2. That this statement is false and willfully wrongly given by the applicant with a view to get favourable decision from this hon'ble Court. _______________
3. xxxxxxxxxxxxxxxxxxx
4. That the respondent has filed reply stating_______________________
6. Thus this reply has been filed to get a favourable decision by filing a false plea thus giving false evidence. The applicant has therefore sinned by her moving the process of court with most unclean hands.
PRAYER
It is therefore, most respectfully, prayed as under:-
(a) That the proceedings under section 195 of CrPC may be started against the respondent in the interest of justice.
(b) That the respondent may be tried by appropriate court for the offence punishable U/S 193, 200 and 209 of IPC.
(c) reply may be declared to be false and no action may be taken on her application underxxxxxxxxxxxxxxx
(d) Any other relief which this honorable court deems fit may also be granted in favour of the petitioner .
Dated-
Petitioner
Through
Counsel
Sadanand B. Panchal
(Querist) 26 February 2013
Respected Sir,
Matter is for to file reply (say "A")to the N/M taken out under Order 7, Rule 11 of C,P.C.,but at the same time I want to file Application under Section 340 of Cr.P.C.(say "B"). IF I file "A" and at the same time file"B" filed whether Hon'ble Court entertain "B"?.More can I file "B" without serving to the Defendant as Defendant had made purgery?
Can I file "A" alongwith "B"?
Thanks in Advance
Regards,
Sadanand B. Panchal
