VISHAL KAPOOR Vs. SONAL KAPOOR

JUDGEMENT

(1.) This intra court appeal impugns the order dated 29th January, 2014 of the learned Single Judge of this Court (exercising ordinary original civil jurisdiction in CS(OS) No.605/2013 filed by the respondent) directing that the application filed by the appellant / defendant under Section 340 of the Code of Criminal Procedure, 1973 (Cr.PC) being Crl.M.A. No.14712/2013 shall be taken up at the time of final disposal.

(2.) Without going into the aspect of maintainability of an LPA against such an order (because this appeal was originally filed as FAO(OS) No.183/2014 but was converted into an LPA vide order dated 21st April, 2014), we have heard the counsels.

(3.) The counsel for the appellant has contended that the learned Single Judge erred in deferring dealing with the application till the stage of final disposal when a case of the respondent / plaintiff having made false verification of pleadings and having lied on oath was clearly made out. Attention in this regard is invited to para 6 of the application filed by the respondent / plaintiff under Order XXXIII Rule 1 of the CPC, to sue as an indigent person and wherein the respondent had stated that she had no movable or immovable property in her name. Attention is also invited to the statement on oath in examination-in-chief recorded on 3rd January, 2013 of the respondent in support of her application to sue as an indigent person to the effect that she did not hold any bank account. Attention is lastly invited to the cross examination by the counsel for the appellant recorded on 22nd February, 2013 of the respondent wherein the respondent admitted that at the time of filing the suit / application to sue as an indigent person, she was holding a bank account in Axis Bank. On the basis thereof it is contended that in the face of unequivocal contradiction by the respondent, the order on the application under Section 340 Cr.P.C. ought not to have been deferred. Reliance is placed on para 21 of K. Karunakaran Vs. T.V. Eachara Warrier, 1978 1 SCC 18.