IN THE COURT OF MR HAMMAD ASLAM CHEEMA JUDGE

CIVIL COURT CHAKWAL

MUHAMMAD YAQUB AND OHTERS

VS

MUHAMMAD RAFIQ AND OTHERS

SUIT FOR DECLERATION AND PERMANENT INJUNCTION

APPLICATION FOR RESTORATION OF SUIT

APPLICATION FOR INITIATING PROCEEDINGS AGAINST THE

RESPONDENTS UNDER SECTION 195,476 AND 476-A CRPC ON
ACCOUNT OF COMMITTING OFFENCE OF PERJURY

RESPECTFULLY SHEWETH:-

1. That the petitioner had filed a suit for decleration and permanent injuction before this
honourable court which was dismissed in default due to non appear of plaintiff on 30-
01-2016 and the same was due to misunderstanding by the clerk of the counsel
inadvertently noting the wrong date(01-02-2016) in the diary.
2. That the petitioner reached to court on the 01-02-2016 and came to know that the case
has been dismissed in default due to non appearance and petitioner without any delay
moved the application for the restoration of the suit on 01-02-2016.
3. That the matter was of urgent nature and on 03-02-2016 this honourable court issued
the proces on defendants and adjourned the matter to 10-02-2016.
4. That on 10-02-2016 the process sever reported to the court the upto the extent of
defendent no 1,2,3,4 and 6 the notices are served but the defendent no 5 went to
abroad and upto the extenet of defendents no 1,2,3,4 and 6 the wakalatnama of
counsel is also submitted before this honourable court and this honourable court issued
the order of proclamation in daily observer and the matter is adjourned.
5. That on 27-02-2016 copy of the newspaper is also submitted before this honourable
court and defendant no 1 who is already party to case submitted the wakalatnama of
counsel on behalf of defendant no 5 showing himself a special power of attorney holder
but no such attorney produced before this honourable court.
6. That the petitioner made an written objection regarding the wakalatnama submitted
upto the extent of defendent no 5 that it is not according to law and same has no legal
value and defendat no 1 uses document with malicious intention just to defrauding this
honourable court and to get the undue benifits by missusing the process of law.
7. That the defendent no 1 with malafide intention and for ulterior motives just to
deprive the petitioner from his valuable right and to get the undue benifits from this
honourabe court procduced the fake document to cheat this honourable court.
8. That since defendent no 1 comitted the act of perjury by producing a fake document as
genuine so he is liable to be prosecuted under section 195 and 476 CrPC
9. That honourable superior courts took a serious notice of the fact that “perjury is one of
most henious social and moral offences. It is the not only offence punishable under the
law but it is against the injunction of Holy Quran (Sura Al-Nisa 135). It is an evil which
tends to disrupt the very basis of social order and make mockery of judicial system, be it
Islamic or otherwise. Any person who deliberately tells a lie during the solemn
proceedings of a court of law does not deserve any leniancy and ought never be let off
lightly.
10. That this honourable court under section 195 and 476 CrPC can take cognizance of the
offence under section 193 PPC committed by the defendant no 1, try the case and
punish him according to law. This honourable court can also send the case under section
476-A CrPC to the court of learned Illaqa Judicial Magistrate for its trial in accordance
with law,

Prayer
In the view of the above circumstances, it is respectfully prayed
that the proceedings under section 195 & 476 CrPC be initiated against the defendant no 1
to try him under section 193 PPC or complaint is sent to learned Illaqa Magistrate for the
trial against the defendant no 1/Accused, in the interest of justice.