False suit filed to disturb the right to enjoy my property, advise
24-Jan-2023 (In Criminal Law)
Mr. X gave power of attorny to murugan to sale a property (document no 1 ) example s.no 100/1. Then murugan fabricate that document no 1 add a s.no 100/2 unlawfully. Then he file a suit against me to disturb my enjoyment of my property s.no 100/2. In this case he was not contest after one year in trial court the case disposed as default. So can i complaint u/s 340 crpc in the court
Yes complaint is maintainable under section 340 of crpc even though suit is dismissed as default since the concerned party cheated the concerned civil court by produce false and fake documents and after civil procedure code 2000 amendment it is necessary to verify all pleadings about its truth through filing separate proof affidavit along with plaint.you can file separate petition under the concept of victim and ask for compensation from fraudulent party under section 357 of crpc along with section 340 of crpc petition or as directed by concerned civil court for compensation
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