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Hello sir,
My husband has filed case on me regarding sec340..that is purjury..actually its wrong affedevit on oath.sir they have put application in lower family court but judge gave judgement in which no offence under Ipc.1870 of section 45 and ipc 193,196,199,200,205,211,228 ss I am lady court is not taking strong action against me and also that it is half civil case so no mistake on criminal way so application is rejected by court.but they have challenge it on higher court that learned judge is failed to appreciate that the offence of purjury is not quasi-civil in nature and it is separate offence punishable under sec193,196,199,200,205,211,228 of IPC r/w 340 andx295(1)(b) of crpc.sir I want to know that what will do in this matter?? Actual they challenge it in hc after 795 days ..but they mention 735days delay and my hc lawyer had not filed reply of their delayed condon application and my lawyer had put landmark judgement of supreme court against me that is eshabhattacharya vs raghunathpur Nafar academy 2013 …and my lawyer argued my matter..and their delayed Condon application is granted by higher court..now what should I do in this case ?? They challenge this case after 795 days and they have knowledge of it ..they also not paying maintenance amounts and lower family court have ordered for distress warrant..HC judje has not mention all points of argument..I want to file my case through NGO in Gujarat high court.. -
Order 41, Rule 3A. (2) C.P.C. speaks on giving opportunity to other party to challeneg ethe delay.
Limitatios act also comes in to play.
If your counsel had not challeneged in writting, or sub,ited written arguments, and it was not a speaking order recording the verbal arguments then you have a case that your lawyer was incompetent. Change the lawyer and challeneg again.
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