Legal Question in Criminal Law in India

A joint notarised power of attorney was executed by three persons (B.C,D) in favor of one person (A) in 2001 to do all official, judicial etc works for a piece of land which was owned by all four persons. meantime a civil suit was filed against them in 2001 only. therefore to defend the power of attorney was used here & person A was in action. during the pend-ency of civil suit one of person C who also executed joint power of attorney was died & here person A who was holder of power had filed affidavit under order 18 rule 4 cpc, & evidence was also given by him, lastly the civil suit was dismissed & suit property was declared to be of defendents as counter-claim was also presented by defendants. Appeal was made by plaintiff here & as they lost the civil suit tracked the defendants & presented an application under order 22 rule 4 cpc to present LR's of defendant no.C & also an application under section 340 CrPC against defedant no AB&D. Appellate court Remanded the case referring to the decree in respect to Person C & to take Lr's of Person C in records & also to decide the application under 340 CrPC. What is the chance & remedy to escape all defendants from section 240 CrPC filed in a civil suit.

Asked on 7/20/16, 10:24 am

0 users found helpful

0 attorneys agreed

Consult the lawyer appearing on ur behalf who can explain better in detail

based on facts and proceedings of the case.

Answered on 7/21/16, 9:44 am

Keywords

Match Any Match All

Country

State

Area of Law