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pun (eng)     06 January 2013

340 submission after disposal of case

Hello Members,

Wife filed an appeal in session court to challenge the order passed by trail court and session court gave an ex parte stay order on basis of her false affidavit and false information....last week the day was for order on appeal and stay application but judge was on holiday and clerk told me that 2- jan date is decieded for order...that day i was not available in the court due to my job work and session court passed the order...on 4 jan i requested the court to get the matter on board as i want to file 340 application which is refused by the judge with giving the reason that case is already diposed so he can't accept my application.

I want to mention here that in my say filed in reply to the appeal application i already have clearly mentioned about all the false information and facts mentioned by wife in stay application an got ex parte stay....

Please tell me if there is any way to submit that application and get accepted  by judge...Is there any judgement supporting that 340 application can be filed even after disposal of the case.

Thanks



Learning

 4 Replies

pun (eng)     09 January 2013

Experts..Pls help in this matter.

Thanks

rajiv_lodha (zz)     10 January 2013

Include sec 191, 193 IPC n give a try to 340. Judge shud accept. At least in punjab, 340 cases often run separately from main case

pun (eng)     10 January 2013

I want to submit this application in the main case only not as a private complaint...in that case i need to follow for everything till the end and if it is accepted with the main case then once judgement consider the complaint is genuine it will be a case between state vs wife.

rajiv_lodha (zz)     10 January 2013

very far-sight......wishful thinking. Success in 340 is very very rare

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