Plaintiff in one suit suppresses existing ex-parte injunction order against him in other suit
Shaikh
(Querist) 03 September 2012
This query is : Resolved
Hello,
The plaintiff in a suit has claimed to be in possession of a property as on the date of his filing the suit. It is a suit for specific relief.
He has concealed in his plaint that there was in operation an ex-parte temporary injunction order active against him as on that date (from another suit in another court where he was the defendant).
He has mentioned this other suit in his plaint but completely failed to mention the existence of the interim injunction order.
He has thus made a false claim of being in possession when another court had issued an injunction against him entering the property as on that date.
He has also suppressed the fact of this injunction against him.
Can it be said that he has not come to the court with clean hands.
Is he guilty of contempt of court in addition to liable to having his suit dismissed?
ajay sethi
(Expert) 03 September 2012
yes he has surpressed material facts and has not come to court with clean hands . in your reply point out the conduct of plaintiff . court s generally take serious view of making false averments on oath and supression of material facts
venkatesh Rao
(Expert) 03 September 2012
He has definitely suppressed material facts; yet he is not guilty of contempt. The court will seriously view such suppression.
R.K Nanda
(Expert) 03 September 2012
His suit is liable to be dismissed.
