Hello Learned Councels,
Need your suggestion and advice in a perjury matter.
Background
We have an ancestral property which was divided among the three (A,B,C) male heirs of my great grandfather and my grandfather (A) was alloted the share. All the revenue records got mutated to the respective brothers and they were enjoying the property.
Meanwhile, the C took A when he was not keeping good mentally and physically and prepared a fraudlent document and claim to purchase one acre of land from A. The alleged sale deed was challenged by A and his daughter in an OS, however the same was dismissed and the first appeal also got dismissed.
C filed a ceaveat before the High Court and while A's daughter was filing the Second appeal, the appeal petition was duly server and C had appeared before his counsel and argued the matter. High Court after hearing both parties granted a stay order not to create third paty interest in the property pending in Second Appeal and second appeal is still pending.In 2022, C demolised A and his wife grave buried in the property and is facing criminal trial.
Present
In Jan 2024, C filed an injunction suit before Civil Judge and claim in his petition that he is not aware of the second appeal and he has not recieved any notice about the second appeal and seems that the second appeal is pending, against the LR of A and has placed an affidavit that the contents of the plaint are true. During the course of argument of IA, he admits that he is aware of the second appeal.
As BNSS came effect in April 2024, the application is filed in CrPC as the matter is of Jan 2024.
Question
1) LR's of A wants to file perjury application against C in the new case of 2024 in the same court. By producing the Order sheet of second appeal and highlighting that C is supressing material facts and taking oath wrongly which could determine the fate of the case in 2024. Can they succeed.
precedents referred in the application
1) Hon’ble Bombay High Court in the case of Union Of India Vs. Harish Milani 218 SCC OnLine Bom 2080
2) Hon’ble Supreme Court in the case of Satluj Jal Vidyut Nigam Vs. Raj Kumar Rajinder Singh SCC OnLine SC 1636
3) In Babu Lal Vs. State Of Uttar Pradesh and Others : AIR 1964 SC 725
4) In ABCD Vs. UOI (2020) 2 SCC 52,
5) In K.D. Sharma v. Steel Authority of India Limited and others(2008) 12 SCC 481
6) Dhananjay Sharma v. State of Haryana and others(1995) 3 SCC 757 filing
2) If the application is moved in the court, it can be presented during any working day of the court proceedings similar to filing an petition for early hearing or should the application be moved on the date of hearing of the case in 2024 before Civil Judge?
3) Should the copy of the application be given to the plaintiff before or there is no need to provide a copy to the plaintiff ?
4) What should be LR's of A course of action if the perjury application is not admitted by the Court?
