Fact material for the merits of the case must not be suppressed

Rukminibai Motiram Kshirsagar Vs Manoramabai Mallikarjun Bagale

Bombay HC

06/09/2019

Civil Revision Application No. 497 of 2016

About/from the judgment:

66. The tenants have contended that two of the owners' children got employment, perhaps, pending the appeal. It was not brought to the Appellate Court's notice. It is suppression. At least, the tenants assert so.

 

67. S.P. Chengalraya Naidu is the oft-quoted judgment on fraud and its ramification in the judicial arena. It invokes Chief Justice Edward Coke's aphoristic assertion that "Fraud avoids all judicial acts, ecclesiastical or temporal". It reiterates that a judgment or decree obtained by playing fraud on the court is a nullity and non est in the eyes of the law.

 

68. As a general rule, suppression of a material fact by a litigant, according to the Supreme Court1, disqualifies such litigant from obtaining any relief. This rule has been evolved out of the need of the Courts to deter a litigant from abusing the process of Court by deceiving it. But the suppressed fact must be a material one in the sense that had it not been suppressed it would have affected the merits of the case. It must be a matter material for the consideration of the Court, whatever view the Court may have taken.

 

69. The owners have a counter allegation: the tenants have business at another place, too. But they suppressed that fact.

 

70. At any rate, I see no plea taken in the CA about the suppression of a material fact: two of the children getting employment. But it was argued. I reckon among the many children of the owners, two getting employment in thirty years hardly affects their case prospects. Nor does it amount to a material suppression.

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

Formats for use

Talk to our volunteer on our #Helpline

8882-498-498

Single Helpline Number For Men In Distress In India

Join our mailing list!  Stay up-to-date on upcoming projects, offers & events.

  • Follow Daaman on Facebook
  • Follow Daaman on Twitter

©2018-2020 Daaman Welfare Society & Trust.

All rights reserved.

Beware, anyone can be a victim of gender bias in society and laws! 

Don't wait: Schedule a conversation with a trusted, experienced Men's Rights Activist to find out how only awareness is the key to fight and remove prevailing gender bias against men in society.