IN THE COURT OF SH. VAIBHAV CHAURASIA, LD. SCJ/ARC, DISTT. WEST, TIS HAZARI COURTS, DELHI.
CIVIL SUIT NO. Civil suit number OF Year of civil suit
IN THE MATTER OF :-
**Plaintiffs' names: PLAINTIFFS**
VERSUS
**Defendants' names: DEFENDANTS**
N.D.O.H.: Next date of hearing
INDEX
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| 1. | Application under Order 7 Rule 11 read with Section 151 of the C.P.C. on behalf of the Defendants for rejection of the suit, the same being based upon suppression and concealment of material facts and deception, along with supporting affidavits. | |
DELHIDEFENDANTS
THROUGH
DATED
Date of application
ADVOCATES
Ch. Advocate's name
Mob. No. +91-Advocate's mobile number
Email:
Advocate's email address
IN THE COURT OF SH. VAIBHAV CHAURASIA, LD. SCJ/ARC, DISTT. WEST, TIS HAZARI COURTS, DELHI.
CIVIL SUIT NO. Civil suit number OF Year of civil suit
IN THE MATTER OF :-
**Plaintiffs' names: PLAINTIFFS**
VERSUS
**Defendants' names: DEFENDANTS**
N.D.O.H.: Next date of hearing
APPLICATION UNDER ORDER 7 RULE 11 READ WITH SECTION 151 OF THE CPC ON BEHALF OF THE DEFENDANTS FOR REJECTION OF THE PRESENT SUIT, THE SAME HAVING BEEN FILED BY THE PLAINTIFFS BY CONCEALING MATERIAL FACTS AND ON THE BASIS OF FALSE AND MISLEADING STATEMENTS.
MOST RESPECTFULLY SHOWETH:-
1.That the present suit for recovery of possession, arrears of rent, damages, and permanent and mandatory injunction is pending before this Hon'ble Court for the last Period the suit has been pending.
2.That the claim of the Plaintiffs has been instituted by concealing material facts and is based on frivolous and misleading submissions, which is evident from a comparison of the pleadings of the earlier suit for recovery of possession, arrears of rent/damages and permanent injunction bearing C.S. No. Previous suit number, titled Title of previous suit, with the pleadings of the present suit.
3.That in the present suit the Plaintiffs have cleverly concocted a story and manipulated their earlier frivolous claim so as to institute the present baseless claim in respect of property No. Property number, without having any right, title or interest therein; the said fact is crystallised from the submissions and pleadings of the Plaintiffs in both their claims, which are placed before this Hon'ble Court.
4.That in the previously instituted suit, the Plaintiffs sought similar relief against a different person, namely Defendant in previous suit. As per the orders of the Ld. SCJ/RC (West), dated Date of previous court order, in C.S. No. Previous suit number, the Plaintiffs were directed as under:
"The Plaintiffs are directed to show which is the period of default in terms of clause 7 of the lease deed, and also where and when the defendants were put in possession of the suit property put up for Purpose for which property was put up for consideration."
5.That thereafter the Plaintiffs filed an application for amendment of the plaint dated Date of amendment application, whereby paragraph No. 7A was added, stating that the Defendants had paid rent till 2014 and that the period of default was Start of default period till End of default periodEnd of default period (continued); whereas in the present suit, in paragraph No. 16, the Plaintiffs have stated that they received rent till Rent received till (month) Rent received till (year). The said inconsistent stand makes it amply clear that the Plaintiffs have neither any right nor is there any landlord–tenant relationship, and the averments in both the Reference to previous suit suit and the Reference to present suit suit are absolutely frivolous and amount to concealment of facts, debarring the Plaintiffs from claiming any relief from this Hon'ble Court. Hence, the present suit is liable to be dismissed at the threshold. The site plans of the Site plan reference (previous suit) and the Site plan reference (present suit) are reproduced hereunder for the kind convenience of this Hon'ble Court:
Site Plan –
Site Plan – Site plan caption
6.That the Plaintiffs are guilty of wilful suppression of material facts, and their conduct manifestly debars them from claiming any relief from this Hon'ble Court, which are as under:
A.
7.That the Plaintiffs were duty-bound in law to disclose the factum of the filing of the previous suit and the facts stated above in the present suit. The Plaintiffs have not acted bona fide and have acted with malicious intention, contrary to the requirement of Order VI Rule 2(1) of the Code of Civil Procedure, which clearly stipulates that pleadings shall contain the material facts. The Hon'ble Supreme Court has observed in Sopan Sukhdeo Sable and Others vs. Assistant Charity Commissioner and Others, Citation of Sopan Sukhdeo Sable case that the omission of a single material fact leads to an incomplete cause of action, and the statement or plaint becomes bad and non-maintainable on merits.
8.That the present suit is a gross misuse of the process of law, as it is well-settled law that the dexterity of a draftsman, whereby material facts are camouflaged in a cleverly drafted plaint and an illusionary cause of action is set out, cannot be permitted so as to maintain a frivolous claim in the absence of an established right to file a claim before a court of law. The Hon'ble Supreme Court in T. Arivandandam vs. T.V. Satyapal, 1978 (1) (S.C.) 33 held: "Further, the reading of the plaint for the purposes of Order VII Rule 11 of the Code of Civil Procedure would be meaningful reading and not merely a formal reading of the same. If a real cause of action has not been set out in the plaint, rather something illusionary has been stated with a view to get out of the scope of Order VII Rule 11 of the Code of Civil Procedure, such clever drafting and suppression of material facts are not permitted in law, and hence such action should be nipped in the bud." It is settled law, as per the view of the Hon'ble Apex Court, that "an activist judge is the answer to irresponsible law suits."
9.That on the contents of the present case, the Plaintiffs have suppressed facts and camouflaged the cause of action, as is proved and demonstrated by a comparison of Paragraphs 1, 7, 7A, 8, 12, 13 and 16 of the Reference to previous suit plaint plaint with Paragraphs 1, 8, 15, 16, 22, 24 and 27 of the plaint in the present suit filed on 15.04.2022, which establishes that the Plaintiffs have approached this Hon'ble Court with unclean hands, basing their claim upon false facts and suppression of material facts. Hence, the present proceedings are liable to be dismissed straightaway at the threshold without even considering the merits. The Plaintiffs have withheld vital documents in order to gain an undue advantage in the present suit after making an unsuccessful attempt in the previously instituted suit, and are clearly guilty of playing fraud upon the court.
10.That the concealment and suppression of facts highlighted in the present application warrant that the suit be summarily thrown out at any stage of the litigation. In this regard, reliance is placed upon the decision in S.P. Chengalvaraya Naidu vs. Jagannath, AIR 1994 SC 853.
13.The Delhi High Court has also, in Paramount Publicity vs. MCD, 1995 I AD (Delhi) 91; Rohit Dhawan vs. G.K. Malhotra, AIR 2002 Delhi 151; and M/s Seemax Construction vs. State Bank of India, AIR 1992 Delhi 197, held that in a case of suppression of material facts, the suit is liable to be dismissed without going into the merits.
4)Where a party is guilty of suppression of material facts and does not approach the court with clean hands, thereby abusing the process of the court, such party is not entitled to any relief, whether interim or final.
In this regard, reliance is placed upon the case law in Kishore Samrite vs. State of U.P., (2013) 2 SCC 398, wherein the Supreme Court directed the subordinate courts to take stern action, including for contempt, perjury and imposition of heavy costs, against litigants who have no respect for the court and who come forward with cases based upon falsehood.
48.The Supreme Court in Kishore Samrite vs. State of U.P. and Ors., MANU/SC/0892/2012, has specifically laid down guidance on how to approach cases where a party is held to be guilty of suppression and misrepresentation.
11.That the present suit, apart from being devoid of any cause of action or substance, is liable to be dismissed as an abuse of the process of law and for suppression of material facts. In any event, the Plaintiffs, having taken advantage of the said documents and affidavits filed in judicial proceedings, cannot be permitted to resile therefrom.
12.That the non-filing of documents in the power and possession of a party to a lis, and/or the non-disclosure of true facts in any judicial proceeding in which the said documents have been utilised by the parties, results in a fraud being played upon this Hon'ble Court. The suit is therefore liable to be dismissed on this ground also, besides directions to lodge appropriate complaints in respect thereof.
13.That this is not the first occasion on which the Plaintiffs have made such attempts. The conduct of the Plaintiffs in the present suit is apparent before this Hon'ble Court, as the pleadings in Suit No. Previous suit number/Previous suit number (continued) have already been placed before this Hon'ble Court by the Defendants by filing the certified record. The Defendants crave leave to refer to and rely upon the same at the time of hearing of the application, the contents whereof are not being repeated herein for the sake of brevity but may be read as part and parcel of this application. A bare perusal of the pleadings and the documents on record, inter alia those referred to above, establishes beyond doubt that the present suit is manifestly misconceived. The pleadings supported by affidavit have been expressly admitted by the Plaintiffs in judicial proceedings. The invocation of the jurisdiction of this Hon'ble Court by litigants such as the Plaintiffs must be nipped in the bud. The present suit is therefore liable to be dismissed for want of cause of action, being vexatious and an abuse of the process of law, and in any event on the admissions made by the Plaintiffs themselves.
•On the submissions made on solemn affirmation and otherwise by the Plaintiffs in the plaint of Reference to previous suit plaint, the documents in support filed by the Plaintiffs herein have been concealed and withheld by the Plaintiffs. There is no rebuttal by the Plaintiffs in the rejoinder dated Date of plaintiffs' rejoinder, and it is affirmed in Paragraph 2 of the Reply to Preliminary Objections:
“That the contents of Paragraph 2 of the Preliminary Objections are wrong and denied, except the filing of the present Suit for Possession, Recovery of Damages and Permanent Injunction. CS No. Previous suit number/Previous suit number (continued) dated Date of previous suit, titled as Title of previous suit. It is submitted that the plea raised by the Defendant in the paragraph under reply that the Plaintiffs filed a suit against Defendant in previous suit — **_in fact, the Plaintiffs withdrew their suit against Defendant in previous suit due to technical defects**.”
It is pertinent to mention that in the previous suit as well as in the present plaint, the Plaintiffs have attempted to set up a frivolous claim on the basis of an imaginary cause of action and have played fraud upon the Court. The Plaintiffs are therefore absolutely bound by their reckless conduct, and this Hon'ble Court is duty-bound to nip the present frivolous proceedings in the bud and curtail them.
14.That it is a well-settled principle of law that admissions are substantive evidence proprio vigore. The concealment in the present matter and the admissions in the present rejoinder are evident from the judicial proceedings inter alia referred to above, and are in compliance with the statutory provisions of law. They make it clear and unambiguous that the present suit is based on falsehood and suppression. There is not even a whisper in the plaint regarding the Plaintiffs' entitlement of ownership or any documents in support of the bogus claim of title. In the absence of ownership documents and any rent receipt, the Plaintiffs cannot be established as owner or as landlord.
15.That it is just and proper, in order to save costs and the judicial time of this Hon'ble Court, that the present application be considered and decided first, as its disposal is likely to dispose of the suit itself.
P R A Y E R :-
In view of the aforementioned facts and submissions, it is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to:
a)Allow the present application and dismiss the present suit filed by the Plaintiffs, as the same is based upon concealment and suppression of material facts, pleaded in C.S. No. Previous suit number/Previous suit number (continued) along with the documents, and the Plaintiffs have not approached this Hon'ble Court with clean hands, in the interest of justice.
b)Direct that complaints in terms of law be filed by the Defendants;
c)Pass ad interim directions in terms of prayers (a) and (b);
d)Pass such further order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in favour of the Defendants, in the interest of justice.
It is, therefore, most respectfully prayed accordingly.
DELHIDEFENDANTS
THROUGH
DATED : Date of application
ADVOCATES FOR THE DEFENDANTS
Advocate's name
Mobile No.: Advocate's mobile number
Email:
IN THE COURT OF Presiding officer and designation, DISTRICT Court district, Court complex, City
CIVIL SUIT NO. Civil suit number OF Year of civil suit
IN THE MATTER OF :-
Plaintiffs' names: PLAINTIFFS
VERSUS
Defendants' names: DEFENDANTS
A F F I D A V I T
I, Deponent 1's name, aged about Deponent 1's age years, S/o Late Deponent 1's father's name, R/o Deponent 1's address, do hereby solemnly affirm and declare as under:-
1.That I am the Defendant No.1 in the above-noted matter, am well conversant with the facts of the case, and am competent to swear the present affidavit.
2.That the submissions as to facts made in the accompanying application under Order 6 Rule 16 R/w Section 151 of C.P.C have been drafted by my counsel under my instructions, and the same have been read over and explained to me in my vernacular. The same may be read as part and parcel of this affidavit and are not reproduced herein for the sake of brevity.
DEPONENT
VERIFICATION :-
Verified at City on this Date of verification day of Month of verification, Year of verification, that the contents of the above affidavit are true and correct to my knowledge, no part thereof is false, and nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF Presiding officer and designation, DISTRICT Court district, Court complex, City
CIVIL SUIT NO. Civil suit number OF Year of civil suit
IN THE MATTER OF :-
Plaintiffs' names: PLAINTIFFS
VERSUS
Defendants' names: DEFENDANTS
A F F I D A V I T
I, Deponent 2's name, aged about Deponent 2's age years, S/o Late Deponent 2's father's name, R/o Deponent 2's address, do hereby solemnly affirm and declare as under :-
1.That I am the Defendant No.2 in the above-noted matter, am well conversant with the facts of the case, and am competent to swear the present affidavit.
2.That the submissions as to facts made in the accompanying application under Order 6 Rule 16 R/w Section 151 of C.P.C have been drafted by my counsel under my instructions, and the same have been read over and explained to me in my vernacular. The same may be read as part and parcel of this affidavit and are not reproduced herein for the sake of brevity.
DEPONENT
VERIFICATION :-
Verified at City on this Date of verification day of Month of verification, Year of verification, that the contents of the above affidavit are true and correct to my knowledge, no part thereof is false, and nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF Presiding officer and designation, DISTRICT Court district, Court complex, City
CIVIL SUIT NO. Civil suit number OF Year of civil suit
IN THE MATTER OF :-
Plaintiffs' names: PLAINTIFFS
VERSUS
Defendants' names: DEFENDANTS
A F F I D A V I T
I, Deponent 3's name, aged about Deponent 3's age years, S/o Late Deponent 3's father's name, R/o House No. Deponent 3's house number, Deponent 3's locality, Deponent 3's city-Deponent 3's pincode, do hereby solemnly affirm and declare as under :-
1.That I am Defendant No. 3 in the above-noted matter; I am well conversant with the facts of the case and am competent to swear this affidavit.
2.That the submissions of fact made in the accompanying application under Order 6 Rule 16 read with Section 151 of the Code of Civil Procedure, 1908 were drafted by my counsel under my instructions; the same have been read over and explained to me in my vernacular, and they may be treated as part and parcel of this affidavit. For the sake of brevity, they are not reproduced herein.
DEPONENT
VERIFICATION :-
Verified at Delhi on this Date of verification day of Month of verification, Year of verification, that the contents of the above affidavit are true and correct to my knowledge, that no part of it is false, and that nothing material has been concealed therefrom.
DEPONENT