UNION OF INDIA Vs. HARESH V. MILANI

JUDGEMENT

(1.) Heard learned counsel for the petitioner and respondent, on a very short point, as to whether the Civil Application No.2939 of 2017, filed by respondent under Section 340 of the Code of Civil Procedure, has to be decided and enquired into first before the Writ Petition filed by petitioner under Article 227 of the Constitution of India, which is challenging the order of amendment in the plaint, allowed by the trial Court.

(2.) According to learned counsel for respondent, as some false and misleading statements are made by the petitioner, to their own knowledge, in the Writ Petition, therefore, respondent has moved this Civil Application for taking action against the petitioner under Section 340 C.P.C. It is submitted that the writ petition can be decided as per law, only on the basis of result of the enquiry under Section 340 C.P.C. and therefore, this Application should be decided first.

(3.) Learned counsel for the petitioner, has however, denied that any false averments are made in the writ petition and submitted that the writ petition needs to be heard first as the proceeding before the trial Court are unnecessarily stalled. It is submitted that filing of such Civil Application is an attempt on the part of respondent to continue to be in unlawful possession of the suit land, as respondent knows that the hearing of the application filed under Section 340 C.P.C. which is though baseless and false, is going to consume time of this Court.