R.R.YADAV, J. - (1.) IT is comeuppance for this Court to decide the present case involving horrendous deeds of fabricating false evidence leading to prima facie offence against public justice eroding credibility of administration of justice compelling this Court to recall its order dated 23.8.1999 under Article 215 read with Section 151 CPC to keep the record straight. This Court being court of record under Article 215 of the Constitution owes a duty to itself to ensure that its records are free from any blemish or error as these records are preserved for well being of posterity, symbolizing eternity. If any such error is brought to its notice in any manner whatsoever and at any time whatsoever it is to be corrected to keep the record straight in accordance with law.
(2.) THE amazing but true facts of this case are so repugnant to my judicial sense of decency that it becomes sudorific and painful for me even to narrate the facts which compel this Court to recall its order dated 23.8.1999 and pass further orders to keep the scale of justice even. Recalling of the aforesaid order dated 23.8.1999 in the case on hand becomes necessary to prevent rippling disastrous effect to present justice system. Every court expects the litigants, the witnesses, the officers and other persons, who come to the Court in one capacity or another, to come with clean hands, adhere to truth and assist the Court in doing justice in the case. The confidence which is reposed by the Court in above persons and authorities is sometimes shaken when in place of placing before the Court the truth, people to falsehood either by fabricating documents or by making false statements orally or in writing. The misadventure in which such unscrupulous persons indulge are prompted by euphoria with an unholy expectation that the Court shall not be in a position to detect the falsehood or take appropriate steps against the erring persons or culprits, in accordance with rule of law of the land. The duty to devote the time and energies available to the court for the purpose of doing justice in the cases pending before the courts, leaves little room for detection as well as fabrication of false evidence by those who try to pollute the stream of justice by false statements or by fabrication of false documents. Besides, the anxiety on the part of the court is to discourage persons from coming to the court as parties or witnesses for fear of penal action, if any part of their statements are found to be false or evidence produced by them is found to be untrue. It is true that the courts are to take action under Section 340 of the Criminal Procedure Code, 1973, only in those cases where it is necessary to do so for resorting or maintaining the flow of the stream of justice from the fountains known as courts of justice. The present case, squarely falls within the category of those cases in which it is not only permissible but expedient in the interest of justice to take appropriate action under Section 340 of the Criminal Procedure Code, 1973, by making an order for filing a complaint against the persons who have, by their acts, omissions and commissions, left no stone unturned to mislead this Court and pervert the course of justice by making false statements and forging the judicial record during the pendency of the instant second appeal.
(3.) THE appellant (plaintiff) M/s. Bajrang Lal Laxmi Narain filed the Civil Suit No. 173/87 (Bajrang Lal v. Jeet Mal), in the court of Munsif and Judicial Magistrate, Deedwana, on 15.11.1986 for grant of permanent injunction against the respondent -defendant. The suit was dismissed on 20.12.1993, by the learned Munsif and Judicial Magistrate, First Class Deedwana. An appeal was filed by the plaintiff in the court of Additional District and Sessions Judge, Nagaur (Camp at Deedwana), on 21.12.1993. Shri Mahendra Maheshwari, Additional District and Sessions Judge, Nagaur (Camp at Deedwana) dismissed the appeal by judgment dated 11.7.1997.;