BALDEO KUER Vs. THE STATE OF BIHAR, MUNSHI KUER AND BACHA KUER

JUDGEMENT

(1.) I shall dispose of Criminal Revision Nos. 1003 and 1481 of 1970 by a common Judgment as they arise out of the complaint dated the 21st of September, 1968, lodged by Shri Lakshmi Narain Varma, Munsif, 2nd Court, Muzaffarpur. The facts are these : -Baldeo Kuer (petitioner in Criminal Revision No. 1003 of 1970) instituted Title Suit No. 102 of 1963 before the Munsif, 2nd Court, Muzaffarpur. The title suit was dismissed in default. Shri Baldeo Kuer filed an application under Order 9, Rule 9 of the Code of Civil Procedure for restoring the title suit. That application was registered as Miscellaneous Case No. 45 of 1966. In the aforesaid miscellaneous case, notice was issued and served upon Munsi Kuer (opposite party no. 2 in Criminal Revision No. 1003 of 1970) and petitioner no. 1 in Criminal Revision No. 1481 of 1970). Baldeo Kuer swore an affidavit on 25th November, 1966, proving service of notice on Munshi Kuer in Miscellaneous Case No. 45 of 1966 This affidavit of Baldeo Kuer is dated 25.11.66 is at file 'C' at page 187 of the record of title suit. This affidavit is the subject matter of the present complain petition.

(2.) On 6th May, 1967, Munshi Kuer filed a petition before the Munsif alleging therein that Baldeo Kuer had fabricated a false affidavit in respect of the service of notice on Munshi Kuer on 11th October, 1966. This affidavit was treated as Miscellaneous Case No. 21 of 1967.

(3.) By the order, dated 17th August, 1968, Shri Lakshmi Narain Varma, Munsif, 2nd Court, Muzaffarpur, disposed of Miscellaneous Case No. 45 of 1966. By the order, dated 17th August, 1968, the learned Munsif refused to restore the title suit and dismissed the petition filed by Baldeo Kuer. In this order, the learned Munsif did not give any finding to the effect that Baldeo Kuer had fabricated false evidence in the affidavit dated 25.11.1966.