S P Chengalverau
Vs Jagannath – (1994) 1 SCC 1, t
While allowing the appeal, setting aside
the judgment of the High Court and describing the observations of the High
Court as 'wholly perverse', Kuldip Singh, J. stated:
"The courts of law
are meant for imparting justice between the parties. One who comes to the
court, must come with clean-hands. We are constrained to say that more often
than not, process of the court is being abused. Property-grabbers, tax-
evaders, bank-loan- dodgers and other unscrupulous persons from all walks of
life find the court - process a convenient lever to retain the illegal-gains
indefinitely. We have no hesitation to say that a person, who's case is based
on falsehood, has no right to approach the court. He can be summarily thrown
out at any stage of the litigation".
(emphasis supplied)
The Apex Court proceeded to state:
"A litigant, who approaches the court, is bound to produce all the
documents executed by him which are relevant to the litigation. If he withholds
a vital document in order to gain advantage on the other side then he would he
guilty of playing fraud on the court as well as on the opposite party".
Every court has inherent powers to
recall such judgment /order where Order / judgment is alleged to have been
obtained by fraud – suppression of facts – misrepresentation; or where it is
brought to the notice of the Court that the Court itself has committed a
mistake.
The Court concluded: "The
principle of 'finality of litigation' cannot be pressed to the extent of such
an absurdity that it becomes an engine of fraud in the hands of dishonest litigants".
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