Legal Question in Civil Litigation in India

In a Civil Suit a Registration Department made a benami document valid in a court of law and also gave false evidence in support of the same so as to benefit the Plaintiff.

The Suit was decreed against the defendant. Suit Properties was enjoyed by the Plaintiff till date.

After 15 years a 340 CrPC petition (Petition U/s 340 CrPC) was filed in the said suit against the Registration Department bringing in light the fraud of the Registration Department. Show cause notices was issued to the Registration Department by the Court.

Registration Department Heads failed to appear and was set-exparte in the said petition.

Now that the Registration Department has accepted their false evidence and since the document doesn't qualify itself in said suit WILL THE COURT SUSTAIN THE SAME DECREE OR WILL IT CANCEL IT IN LIGHT OF THE 340 CRPC PETITION?

A HONORABLE ATTORNEY ON THIS WEBSITE HAS REPLIED LIKE THIS:

"Unless there is a challenge to decree by way of an appeal or otherwise, there is no automatic cancellation of a decree merely on a 340 Cr.P.C. application".

( I appreciate and thank the attorney for his advice)

THIS REPLY RAISES FURTHER DOUBT AND HENCE MY QUESTION IS AS FOLLOWS:

1) Can a suit for partition decreed 18 years back appealed on the grounds of the acceptance of fraud and purjury of the registration Department in the above 340 CrPC petition?

2) Is there any provision in law to make the registration department responsible for vacating the illegal occupants of the suit properties and hand over to the actual claimant since there were responsible for this ?.

Thanks in advance

1 Answer from Attorneys

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