Sanjeev Singh (Founder) 23 April 2012

Restoration of 125 crpc / perjury

Can a CRPC - 125 for maintainance which was dismissed in default under the circumstances that the lawyer and the petitioner have accepted the date of hearing as a correct date and filed for restoration after a lapse of more then six onths from the date of getting dismiised in default be restored?

Secondly the application for restoration which has been filed more then 6 months after getting dismissed in default is only signed by the lawyer who was the SAME lawyer while it was dismissed. Also the application is is supported with an affidavit on Oath from the deponent which is NOT the signature of the deponent as in the original petition which was dismissed. The question is can the deponent and the lawyer be tried for perjury and a applicaion 340 can me moved for action to be initiated against the deponent or the lawyer concirned for submitting affidavit with forged signatures of the deponent and what should be the possibe trend and action of the Court trying this restoration case.

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2 Replies

GIRISH KUMAR, ADVOCATE (Lawyer) 24 April 2012

two facts are not mixed up. one hand you are saying that the restoration application is unsigned and only enclosed with an affidavit of the lawyer and the other hand you are saying that the signature of the litigant is forged by his counsel. It may be clarified here that the proceeding for perjury can be going on against both the person

Thank You

Sanjeev Singh (Founder) 24 April 2012

Sir, The application for restoration has been filed after a lapse of nearly six months from the date of getting dismisssed in default. The lawyer has filed teh application for restoration without the signature of the petitioner and the affidavit filed with a forged signature of the deponenet/petitioner.

So my query is ;

a) Can a CRPC 125 be restored after a lapse of six months from the date of getting dismissed in default does it get governed with limitation act 122? Is there a provision in CRPC for restoration after getting dismissed in default?

b) Since the affidavit filed along with the application for restoration is carrying a forged signature of the deponent/petitioner which is in TOTAL variance of the signature on record of the court file as compared to the signature in the original petition what action can be taken against the petitioner and the person responsible for submitting a affidavit in court with forged signature ? Does it attract perjury proceedings ?

Regards