The Supreme Court on 9th Dec 2021 non-disclosure of details of past and pending litigation concerning the subject-matter of the dispute would amount to material suppression of facts, which would disentitle a litigant from discretionary remedy under Article 226 of the Constitution.The Court also reiterated that while approaching the High Court under Article 226 of the Constitution, it is imperative that the petitioner must comewith clean hands and put forward all facts before the Court without concealing or suppressing anything.
The judgment was delivered by a bench comprising Justice Abdul Nazeer and Justice Krishna Murari .The bench observed that if some vital or relevant material is withheld by the litigant to gain advantage over the other side, the litigant would be guilty of playing fraud with the court as well as with the opposite parties which cannot be countenanced.The observations have been made by the Bench in appeals filed challenging Karnataka High Court's 2013 order.
The court also observed that that the parties have to disclose the details of all legal proceedings and litigations either past or present concerning any part of the subject-matter of dispute which is within their knowledgeIn order to check multiplicity of proceedings pertaining to the same subject-matter and To stop the menace of soliciting inconsistent orders through different judicial forums by suppressing material facts either by remaining silent or bymaking misleading statements in the pleadings in order to escape the liability of making a false statement.
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