Law: Criminal Procedure Code (V of 1898)

Section: 476

(a) Criminal Procedure Code (V of 1898) S. 476-Inquiry for giving false evidence in Court-Plaintiff allegedly falsely describing her own as well as of other heirs' relation ship with deceased victim of accident-Issue framed about such relationship, but given up and not pressed by defendants hence dropped and suit eventually decreed-Judgment-debtor's (applicant herein) resisting execution of decree on ground of fraud and mis representation and such application as well as his another application under S. 47, C. P. C. dismissed-Judgment-debtor filing in supreme Court documents in support of his allegations of perjury against decree holder in appeal but such documents neither brought to notice of Supreme Court nor pressed into service-Documents filed allegedly supporting allegations of judgment-debtor but not duly proved -Entries of name of decree-holders father as given in Nikahnama carrying no credence in circumstances of case-Applica tion filed after delay of 5 years and 4 months from date of decree-- Application, held, without merit and dismissed.--[ Perjury]. Dates of hearing: 13th, 14th and 17th May, 1980.                                                                                                              JUDGMENT This application under section 476, Cr. P. C. has been pending since 18th March, 1969 and has a long factual background which is recapitulated hereunder. 2. That the plaintiff/decree-holder, Mst. Kalsoom (hereafter referred to as the decree holder) had initially filed an application under Order XXXIII, C. P. C. for leave to file suit for recovery of a sum of Rs. 54,200 which was granted and her suit, being No. 87 of 1957, was registered on 23rd August, 1957 and was decreed against the judgment-debtor Jalil Ahmed Khan and Aslam Mutual Insurance Co. Ltd., on 25th October, 1963. The case of the decree-holder in her suit was that she was the widow of Abdullah who was…