(1.) The present is an application on behalf of defendant No. 1 under Sec. 340 Code of Criminal Procedure, 1973 ("Cr.P.C.") against plaintiff on the ground that the present suit filed on behalf of plaintiff is a gross abuse of the process of law and has been filed by plaintiff with dishonest and malafide intention. The present application has been filed on the premise that plaintiff has verified the suit and has sworn the accompanying affidavit, fully knowing that the contents of the same are false even to his knowledge. Hence, by making false statements "On Oath" before this Court, plaintiff has made himself liable to be proceeded under Sec. 340 of Cr.P.C.
(2.) Though the present application has been filed under Sec. 340 Cr.P.C., however, at the outset, at the commencement of the arguments, learned Senior Counsel for defendant No. 1 submitted that the submissions made qua this application would be made treating the present application as an application under Order 7 Rule 11 of Code of Civil Procedure, 1908 ("CPC"), for rejection of plaint. Thus, submissions have been advanced by all the parties on the issue of rejection of plaint. In view thereof, the present application is being decided treating the same as an application under Order 7 Rule 11 CPC, for rejection of plaint, on the basis of submissions made by the parties in this regard.
(3.) In the present case, plaintiff claims to be co-owner of 25% i.e. 1/4th share in the suit property bearing no. 14, Alipur Road, Civil Lines, Delhi. Plaintiff submits that the suit property was purchased and stamped in the name of Mrs. Kailashwati Jain (the mother) vide registered sale deed dtd. 7/1/1970. It is, however, the case of plaintiff that the sale consideration was paid by M/s Jain Brothers, a partnership firm of which Dr. R.N. Jain (the father) was one of the partners and the purchase amount was debited equally in partners accounts in the books of the firm. Hence, according to plaintiff, the property belonged to the father and devolved after his death in 1997, upon his sons including plaintiff.
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