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1992 Supreme(J&K) 93

M.L.KOUL
Dev Raj Kohli – Appellant
Versus
Nirmal Kumari – Respondent


Advocates Appeared:
Advocate For Appellant: H.L. Bhagotra
Advocate For Respondent: S.C. Gupta

1. This criminal revision is directed against the order of reversal to have been passed by the learned Sessions Judge Rajouri dated 28-2-1985 whereby in an appeal preferred by the petitioner Smt. Nirmal Kumari, "hereinafter referred to as the defendant, against the order of Munsiff Magistrate Nowshera dated 23-6-1984 holding that the proceedings initiated under section 476/195 Cr. P.C. read with Section 193 RPC by the defendant against the respondent Dev Raj Kohli, "hereinafter referred to as the plaintiff", were not maintainable and as such the petition moved before him by the defendant was dismissed as misconceived and the proceedings initiated on that score were dropped.

2. The facts of the case which have given rise to this revision petition are that the plaintiff Dev Raj Kohli filed a suit for declaration and permanent injuction against the defendant Nirmal Kumari in the trial court with which an application for grant of interim injuction was also moved. With that petition in support of his application for issuance of a temporary injuction, an affidavit was attached. It was alleged by the defendant that the affidavit filed by the plaintiff was false and he had no interest or










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