Need case law
M.Sheik Mohammed Ali
(Querist) 04 June 2012
This query is : Resolved
Dear Experts,
i have need case law, i am defendant side counsel, one of the plaintiff filed a suit against defendant, and he having partnership firm, but he suppressed the about his registered partnership firm, and he filed plaint he is sole proprietor of the firm, latterly i found that from RTI, the firm is partnership firm, this is enough for my case is succeed and dismissed the civil suit, or i must produced any case law, if yes pls any one provide me citation on that.
Adv.R.P.Chugh
(Expert) 04 June 2012
Supression of Material Fact - i.e suppresio veri - is a a ground for rejection of plaint or dismissal.
S.J.S Business Enterprises Pvt Ltd v. State of Bihar (2004 SC)
Duty of plaintiff to bring to the court all facts – which directly affect the merits of the case – if there is suppression of material facts – it will amount to misleading the court – and may entail dismissal or rejection u/s 151 IP Powers of the Court.
M.Sheik Mohammed Ali
(Querist) 04 June 2012
Thanks Mr.Bharat Chugh, if you have more citation, kindly post it, and its also applicable into Civil suit.
