My all doubts were based on the recent judgement Application U/S 482 No. - 12840 of 2016 (Mahesh Tiwari Vs State of UP) Allahabad High Court which concludes that
"A person is under a legal obligation to verify the allegations of fact made in the pleadings and if he verifies falsely, he comes under the clutches of law. Consequently, there cannot be any doubt that if a statement or averment in a pleading is false, it falls within the definition of offence under Section 191 IPC. It is not necessary that a person should have appeared in the witness box. The offence stands committed and completed by the filing of such pleading. therefore, it was held that the authors of the affidavits were guilty of offence of giving false evidence or fabricating false evidence for the purpose of being used in judicial proceedings"
Most of the plaints are written outside the court. Probably that is not enough to consider for perjury as you said.
Now case will come soon for hearing in HC where she has changed her stand than the earlier case filed in city civil court. I was the caveator therefore HC has to heard my side of version before accepting the case. Is it possible to request the court under some law at this stage to call plaintiff to the witness box for cross examination and record the statement? There she has to agree either of the statement is false and both can't coexist.
Will it than attract perjury case?
