SUDHANGSHU SEKHAR PATRA AND OTHERS Vs. SANJOY KUMAR PATRA AND OTHERS
LAWS(CAL)-1996-3-66
HIGH COURT OF CALCUTTA
Decided on March 20,1996

Sudhangshu Sekhar Patra And Others Appellant
VERSUS
Sanjoy Kumar Patra And Others Respondents

JUDGEMENT

D.B. Dutta, J. - (1.)Leave is given to the petitioners to amend the cause title and the prayer portion of the petition.
(2.)The above application filed under Sec. 344 of the Code of Criminal Procedure in the above revisional application and the application filed by the defendant-opposite party No. 1 for amendment of the affidavit-in-opposition which was affirmed on July 5, 1995 and filed on March 20, 1996 are taken up together for hearing inasmuch as they are interlinked with one another.
(3.)Petitioners by the above application under Sec. 344 of the Code of Criminal Procedure wants this Court to direct the Court below for drawing up a proceeding against the defendant-opposite party for his having affirmed a false and fabricated affidavit before this Court in connexion with the present revisional case. According to the petitioners, the averments made in paragraph 4(c) of the said affidavit-in-opposition is false inasmuch as before the trial Court the opposite party claimed himself to be a co-sharer of the property in question while in paragraph 4 (c) of the impugned affidavit-in-opposition he claims himself to be a tenant in respect of the said property.
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