Crpc 340 to be decided first

[Hari]

Sir is there any law/judgement to support claim of respondent to decide crpc 340 first before passing any order (interim/ad interim or final) if respondent raises concerns like petitioner coming to court with unclean hands, furnishing forged documents etc in any case (specifically HMA or crpc 125/ DV).

As if any favorable order given in petitioner’s favor based on falsehood may even result in civil imprisonment and that will cause irreparable loss to respondent.

Ad interim order already passed by judge who is biased towards petitioner.

can this order be cancelled by same court while arguing for Interim. Or revision/appeal is necessay.

please guide with your expert advise.

thanks
h

[Dr. Ashok Dhamija]

If the falsehood claimed goes to the roots of the matter, then it is generally advisable to first look into that issue. Otherwise, both issues may be taken up side by side.

If the interim order is in the nature of a stay or injunction, etc., then the same court may change that in subsequent orders.      

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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