Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit: Suppression of material fact |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Suit: Suppression of material fact – Dismissal of the previous suit as withdrawn without liberty and this fact not presented before the Court in a subsequent suit – Effect of – On facts, plaintiff initially filed a suit for declaration against the appellant/defendant which came to be dismissed as withdrawn – Thereafter, the plaintiff filed suit for specific performance on the basis of alleged agreement to sell without disclosing the fact of earlier suit – Trial court dismissed the suit on the ground that the past litigation has direct bearing on the merits of the present controversy and the plaintiff was bound to plead the same – Aggrieved, respondents-legal representatives of the plaintiff filed an appeal which was allowed, as also upheld by the High Court – On appeal, held: ‘Material fact’ would mean material for the purpose of determination of the lis – On facts, filing of the earlier suit and withdrawal thereof without liberty to file another suit was a material fact – Respondents/plaintiffs failed to approach the court with clean hands – Statement in the plaint regarding the earlier suit was made as a trickery so as to obtain the judgment by misleading the Court – Thus, the appellate court has grossly erred in reversing the judgment and decree of the trial court – Further, there is total non-application of mind, by the High Court as it did not refer to the grounds raised in appeal with regards to the effect of non-disclosure of filing and withdrawal of the earlier suit – Thus, the judgment passed by the appellate court as also the High Court, quashed and set aside and that of the trial court is upheld. |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai |
Neutral Citation | 2022 INSC 946 |
Petitioner | Yashoda (alias Sodhan) |
Respondent | Sukhwinder Singh And Others |
SCR | [2022] 12 S.C.R. 31 |
Judgement Date | 2022-09-12 |
Case Number | 8247 |
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