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NewDefendant (None)     04 January 2010

Unclean hands?

In a suit for specif performance what does coming  to the court with unclean hands mean?

If a plaintiff has suppressed material facts in his plaint can it be said that he has come to the court with unclean hands? What is the effect on a case for specific performance?



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 6 Replies

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     04 January 2010

yes it is unclean hands which means he suppressing / hiding related facys before the court. even if a party do some wrong with respondent and suppressed it and in a advance stage of proceedings it opens - it is said to be unclean hands.

1 Like

Daksh (Student)     04 January 2010

Respected Ma'am,

The meaning of coming to the court with unclean hands means that the plaintiff although is making averment in its plaint to claim something against the defendant/s but he is also guilty of some wrong doing on which basis the plaint is not to be entertained.

If by way of the defence (in written statement or through application u/order VII Rule 11) it is proved to the satisfaction of the court that the suit is not maintainable then it merits dismissal simplicitor - as in the suit for specific performance both the parties are supposed to do or are forbidden from doing some mutually agreed acts and by way of pleadings if their wrong doing are brought on record the suit is dismissed.

Thanks and best regards

Daksh

1 Like

NewDefendant (None)     04 January 2010

 Thank you very very much!

NewDefendant (None)     05 January 2010

 If the Plaintiff has suppressed material facts and material evidence in his Plaint that would shown him in an unfavourable light would that be considered as unclean hands too? 

 

NewDefendant (None)     07 January 2010

 Pls advise

If the Plaintiff has suppressed material facts and material evidence in his Plaint that would shown him in an unfavourable light would that be considered as unclean hands too? 

Jamai Of Law (propra)     11 March 2011

Yes............. That's what is the doctrine of unclean hands.

 

The plaintiff can suppress material facts favourable to him, without anybody' compulsion !! (at his own risk...but as a legitimate expectation nobody commts suicide for fun!)

 

The plaintiff CAN NOT and is NOT supposed  suppress any material fact which is deemed unfavourable to his claim, knowingly. (but again ........... if plaintiff can't supress those facts then he shouldn't climb the steps of judiciary to claim any relief ............ which he doesn't deserve on merits!!!)

 

And hence ................ if occurance of 'unclean hands' expose takes place  in a trial   ....   then other party has the right to demand the reversal of previous judgment, or dismissal of suit if trial is not disposed.

 


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