New Delhi: A Delhi court has dismissed a suit seeking a permanent injunction with regard to a family property situated at Subhash Nagar, Delhi, and also imposed a fine of Rs 10 lakhs on the plaintiff terming the suit as ‘false and frivolous’.
The court passed its order after considering the application moved by the brother of the plaintiff.
Additional Senior Civil Judge (ASCJ) Kishore Kumar dismissed the suit filed by the plaintiff Gurucharan Singh and observed, “A person whose case is based on the false suit has no right to approach the court. He can be summarily thrown out at any stage of the litigation.”
The Court said, “Abusing the judicial process is like playing with the fire. One should be cautious and ready to face the consequences. The suit of the plaintiff based on false and frivolous pleas, is hereby dismissed with a cost of Rs 10 Lakhs, to be recovered from the plaintiff. Appropriation of cost of Rs 10 Lakhs shall be decided later on.”
The Court observed that filing false claims in courts aim to strike a blow at the rule of law and “no court can ignore such conduct which has a tendency to shake public confidence in the judicial institution because the very structure of an ordered life is put at stake”.
“It would be a great public disaster if the fountain of justice is allowed to be poisoned by anyone resorting to filing false claims. The court of law is meant for imparting justice between the parties. One who comes to the court must come with clean hands. More often than not, the process of the court is being abused,” the Court added.
The Court has issued a show-cause notice to the plaintiff as to why a complaint was not made against him under Section 340 Cr.P.C. for raising a false claim under Section 209 IPC.
The Court listed the matter for further hearing on April 11, 2022.
Another party to this suit, Ravinder Singh had objected to the plea seeking a permanent injunction. He had contended that the suit for possession was not maintainable.
The Court said, “The plaintiff in complete disregard to law of land has again filed the present suit in respect of the suit property for which he had already given a statement before the competent court on 6 September 2007 that he or his family members shall not interfere in the suit property which had been gifted by his mother late Balwant Kaur to his brother Ravinder Singh.”
In the present case, after about 14 years from recording the statement on September 6, 2007, the plaintiff is alleging that the said settlement had been recorded by concealment of facts from him. As per his own statement recorded by the court on September 6, 2007, it cannot be said even by way of stretch of imagination that the plaintiff was aware of the existence of the gift deed in favour of Ravinder Singh, the Court order reads.
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