JUDGMENT

Mini Pushkarna, J.

CRL.M.A. 7383/2018 in CS(OS) No. 182/2017

1. The present is an application on behalf of defendant No. 1 under Section 340 Code of Criminal Procedure, 1973 (`Cr.P.C.') against plaintiff on the ground that the present suit filed on behalf of plaintiff is a gross abuse of the process of law and has been filed by plaintiff with dishonest and mala fide intention. The present application has been filed on the premise that plaintiff has verified the suit and has sworn the accompanying affidavit, fully knowing that the contents of the same are false even to his knowledge. Hence, by making false statements `On Oath' before this Court, plaintiff has made himself liable to be proceeded under Section 340 of Cr.P.C.

2. Though the present application has been filed under Section 340 Cr.P.C., however, at the outset, at the commencement of the arguments, learned Senior Counsel for defendant No. 1 submitted that the submissions made qua this application would be made treating the present application as an application under Order 7 Rule 11 of Code of Civil Procedure, 1908 (`CPC'), for rejection of plaint. Thus, submissions have been advanced by all the parties on the issu