IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15338 of 2010 ASHOK KUMAR JHA . Versus VIJAY KUMAR MISHRA . ----------- 2. 06.12.2010 Heard learned Counsel for the petitioner. The petitioner is aggrieved by the orders dated 26.3.2010 and 3.7.2010 passed in Title Suit No. 106/2004 by which the applications of the petitioner, who is the plaintiff in the suit, under the CPC, Evidence Act and the Contract Act has been stated to have been rejected without deciding the issue of perjury and fraud allegedly committed by Respondent no. 2 and his father during the trial of the suit. Learned Counsel submits that the contentions being advanced on behalf of the respondents are contrary to their own stand in Title Suit No. 3/1992 and in miscellaneous proceeding under Sections 144 & 145 Cr.P.C. Whether perjury has been committed or not is a matter to be ultimately decided by the Court at the time of final judgment keeping in mind the nature of evidence that may have been adduced, interpretation of the evidence and the arguments that may be advanced on behalf of the parties based on that evidence and the law. That is precisely what the order dated 3.7.2010 purports to do when it states in no uncertain terms that these are matters to be decided at the time of final hearing and judgment. The writ application stands disposed with the aforesaid observations. Snkumar/- (Navin Sinha,J.)