TMI Blog2012 (3) TMI 592X X X X Extracts X X X X X X X X Extracts X X X X ..... hed. (ii) That, the respondents may kindly be further directed to not to dispossess the petitioner from the property in question, in the interest of justice. (iii) That, any other relief, which is suitable in the facts and circumstances of the case in favour of the petitioner may also be granted in the interest of justice. (iv) That, the cost of this petition may also be awarded to the petitioner. Shri Bansal, Learned Counsel for the petitioner submits that petitioner is neither borrower nor guarantor and she has been misled by respondents No. 2 and 3. Shri Bansal submits that although auction notice was issued vide Annexure P-7, by Annexure P-8 the date of auction is modified for 24.03.2012. In para 2 of the petition, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. In a recent judgment in Manohar Lal (Dead) By Lrs. Vs. Urgasen (Dead) By Lrs. and others (2010) 11 SCC 557, the Apex Court held as under:- The present appellants had also not disclosed that land allotted to them falls in commercial area. When a person approaches a court of equity in exercise of its extraordinary jurisdiction under Articles 226/227 of the Constitution, he should approach the court not only with clean hands but also with clean mind, clean heart and clean objective. Equally, the judicial process should never become an instrument of oppression or abuse or a means in the process of the Court to subvert justice . Who seeks equity must do equity. 4. In (2011) 7 SCC 69 (Amar Singh vs. Union of India), the Apex Court hel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rvie, (1850) 2 Mac G 231, the Court, speaking through Lord Langdale and Rolfe B., laid down: (Mac G p. 231 ER 89) It is the duty of a party asking for an injunction to bring under the notice of the Court all facts material to the determination of his right to that injunction; and it is no excuse for him to say that he was not aware of the importance of any facts which he has omitted to bring forward. 55. In Castelli v. Cook, (1849) 7 Hare 89, Vice-Chancellor Wigram, formulated the same principles as follows: (Hare p. 94: ER p. 38) a plaintiff applying ex parte comes (as it has been expressed) under a contract with the Court that he will state the whole case fully and fairly to the Court. If he fails to do that, and the Court fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... forces that obligation is that if it finds out that the facts have not been fully and fairly stated to it, the court will set aside any action which it has taken on the faith of the imperfect statement. 58. It is one of the fundamental principles of jurisprudence that litigants must observe total clarity and candour in their pleadings and especially when it contains a prayer for injunction. A prayer for injunction, which is an equitable remedy, must be governed by the principles of uberrima fides . 59. The aforesaid requirement of coming to court with clean hands has been repeatedly reiterated by this Court in a large number of cases. Some of which may be noted, they are: Hari Narain v. Badri Das, AIR 1963 SC 1558, Welcome Hotel v. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... litigants has cropped up. Those who belong to this creed do not have any respect for truth. They shamelessly resort to falsehood and unethical means for achieving their goals. In order to meet the challenge posed by this new creed of litigants, the courts have, from time to time, evolved new rules and it is now well established that a litigant, who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final. However, this Court is constrained to observe that those principles are honoured more in breach than in their observance. 5. In the aforesaid factual backdrop, it is clear that the petitioner has deliberately suppressed the fact from thi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
