SM PARBATIMONI MOHAPATRA Vs. JAGANNATH DALAI

JUDGEMENT

(1.) THIS application in revision is directed against an appellate order of the Additional District Judge, Balasore upholding the order of the Subordinate Judge, Balasore dismissing an application under Section 476 Cr. P. C. filed by the petitioner to prosecute the opposite party for giving false evidence in T. S. No. 25 of 1962 in the Court of the Subordinate Judge.

(2.) THE petitioner Parbatimon Mohapatra and her sister Haramoni Mohanty filed T. S. No. 25 of 1962 in the Court of the Subordinate Judge, Balasore against the opposite party Jagannath Dalai claiming partition of certain lands on the ground that they are the sisters of the opposite party. The latter contested the suit on the allegation that the plaintiffs therein are not his sisters but are the daughters of his uncle. The Subordinate Judge however accepted the case of the petitioner and her sister that they are the sisters of the opposite party and granted a decree on 19 -11 -1963.

(3.) THE only point for consideration in this revision application is whether Section 479 -A Cr. P. C. is applicable to the facts of the present case in which case Sub -section (6) thereof would act as a definite bar to the maintainability of the present application under Section 476 Cr. P. C. Section 479 -A Cr. P. C. in so far as is material may be quoted: - -