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Bombay High Court

Jeroosma DsouzaversusJaya Rakesh Misra

Decided
Disposal
DISMISSED

Holding

A petition cannot be proceeded with when the petitioner fails to appear, and therefore it must be dismissed.

Summary

The petitioner, Jeroosma Dsouza, filed a perjury petition against Jaya Rakesh Misra in the Bombay High Court. The petition alleged that the respondent had committed perjury. No counsel appeared on behalf of the petitioner at the earlier hearing, and again the petitioner was absent on the date of this hearing. The respondent was represented by counsel Rahil Jhaveri assisted by Nitesh Menon. The learned judge observed that the petitioner’s absence precluded any further consideration of the petition. Consequently, the court dismissed the petition for want of prosecution.

Issues considered

  • Whether a perjury petition may be entertained and decided in the absence of the petitioner’s representation

Subjects

  • perjury
  • civil procedure
  • default
  • dismissal
  • non-appearance

Judgment

                                            1/1            45-PRJP-3-2025 (OS).DOC



                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     ORDINARY ORIGINAL CIVIL JURISDICTION


                        PERJURY PETITION NO. 3 OF 2025


Jeroosma Dsouza                                               ...Petitioner
        Versus
Jaya Rakesh Misra                                             ...Respondent
                                      _______
None for the Petitioner.
Mr. Rahil Jhaveri a/w Nitesh Menon for the Respondent.
                                      _______
                             CORAM           :    ARIF S. DOCTOR, J.
                             DATE            :    22nd JUNE, 2026


P.C.


1.      Learned counsel for the Respondent points out that on the previous

occasion, none had appeared on behalf of the Petitioner.

2.      Today once again none is present.

3.      Hence, the Petition is dismissed.




                                                   [ARIF S. DOCTOR, J.]




Areeb


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