JASWANT SINGH Vs. HARBANS SINGH

JUDGEMENT

(1.) Prayer in this application is for setting aside the judgment dated 7.8.2014 passed by the trial Court vide which the application filed by the applicant under Section 340 Cr.P.C. was dismissed.

(2.) Brief facts of the case are that respondent-Harbans Singh filed a suit for permanent injunction against applicant-Jaswant Singh, on the basis of an agreement which did not bear signatures of Harbans Singh and on that ground the suit filed by the plaintiff was dismissed as withdrawn and subsequently, he filed a suit for specific performance against the applicant. Thereafter, the applicant moved an application under Section 340 Cr.P.C. praying that legal action be taken against respondent-Harbans Singh and the marginal witnesses on the agreement to sell, as it did not bear the signatures of Harbans Singh in the earlier suit. The trial Court, after framing an issue in this regard allowed the parties to lead their respective evidence. The applicant-plaintiff (in the said suit) appeared as PW1, whereas the respondent appeared as RW2 and examined one Gurdarshan Singh. Thereafter, the trial Court vide impugned judgment dated 7.8.2014 dismissed the application by making the following observations on issues No.1 and 2:-

(3.) Counsel for the appellant has assailed the findings of the trial Court on the ground that the respondent-plaintiff has committed forgery with the Court and after obtaining the certified copy of the power of attorney (Vakatnama), he came to know that, in fact, another power of attorney was pasted on the same in the earlier case of the judicial file and, therefore, the trial Court has wrongly dismissed the application, whereas the respondents are liable to be punished, in accordance with law.