The opposite party, a builder, instituted a Spl Civil Suit in vacation to get ad interim orders passed by a particular judge whose reputation was "sterling". Nonetheless, we managed to stop the judge from passing orders on ad interim application for 4 days.. & then the judge got transferred. While the previous judge was around, court ran daily 11am to 5:30pm
Under new judge, there are only adjournments sought by plaintiff. Already 2 Sec 340 CrPC applications have begun as it has come to the fore that builder/plaintiff did not have mandatory permissions that he had claimed in affidavit to get urgent listing in summer vacation.
O11R16 applications are pending for months! Plaintiff isn't replying to O7R11 applications by defendants.
1. In SC order in "State of Punjab vs. Jasbir Singh", is say of Accused (plaintiff) needed to process Sec 340 CrPC matter? 3 dates have past, judge ordered "other side to say" in violation of SC orders. How do we get judge to progress? The orders for waiver of Sec 164 MCS Act period, and urgency application, would not have been ordered without the perjury by plaintiff. Hence the Sec 340 CrPC applications.
2. If O7R11 is pending for long, is there a bar on ruling on O11R16 applications? Builder/plaintiff has claimed in suit that he possessed all permissions and tried to show them to defendants. So why not produce the permissions?! We know builder doesn't have at least 2 thanks to RTI.. the rest need to be produced. Does judge has discretionary power to order on O11R16 while O7R11 is pending?
Asked 2 years ago in Civil Law
Is an affidavit required with a Sec 340 CrPC application? Documents revealed through RTI revealed the plaintiff (builder) had not only falsified affidavit to obtain the permission, the falsely obtained permission too had expired (& as per NMA rules, can't be taken post facto). Hence, the orders passed in favor of plaintiff by averring in affidavit that he had ALL permissions was false. So we gave a Sec 340 CrPC application in Civil court, without affidavit.
In RERA Appellate Tribunal, when we gave Sec 340 CrPC application, the registry asked for an affidavit.
Is an affidavit required? The law says application only.. Then why would RERA registry want an affidavit?
Asked 2 years ago