ANIL KUMAR Vs. NETAIPADA KUNDU

JUDGEMENT

(1.) The learned counsel for the petitioner is present. None appeared on behalf of the opposite party on repeated calls. The matter is taken up for hearing. Heard the learned counsel for the petitioner.

(2.) It is submitted by the learned counsel for the petitioner that the suit for declaration of title and permanent injunction against the petitioner was filed by the opposite party which is pending before the learned Court below. The petitioner after entering into appearance in the said suit filed a written statement denying all material allegations contained therein. It is further submitted by the learned counsel for the petitioner that the plaintiff/opposite party made some false statement on oath before the learned Trial Judge and verified the same as true to his knowledge and belief. As such, the petitioner filed an application under section 340 of the Code of Criminal Procedure before the learned Court below praying for making enquiry into the offences committed by the plaintiff/opposite party. The learned trial judge by an order impugned has been pleased to keep the said petition pending for disposal till the conclusion of argument of the original suit.

(3.) The learned counsel for the petitioner submitted that admittedly there is no hard and first rule as to disposal of petition under section 340 of the Code of Criminal Procedure pending the original suit or proceeding before the learned Trial Court. But it is also viewed by the Hon'ble Apex Court that the petition being criminal in nature should be disposed of first in order to avoid conflict of findings in the proceedings under section 340 of the Code of Criminal Procedure and also in the original proceeding/suit pending before the learned Court.