Need case law (Civil Law)

This query is : Resolved

Author : M.Sheik Mohammed Ali

PRO CHAT CALL

Posted On 04 June 2012 at 13:23

Dear Experts,

i have need case law, i am defendant side counsel, one of the plaintiff filed a suit against defendant, and he having partnership firm, but he suppressed the about his registered partnership firm, and he filed plaint he is sole proprietor of the firm, latterly i found that from RTI, the firm is partnership firm, this is enough for my case is succeed and dismissed the civil suit, or i must produced any case law, if yes pls any one provide me citation on that.

Expert : Adv. Bharat Chugh

PRO CHAT CALL

Posted On 04 June 2012 at 13:38

Supression of Material Fact - i.e suppresio veri - is a a ground for rejection of plaint or dismissal.

S.J.S Business Enterprises Pvt Ltd v. State of Bihar (2004 SC)

Duty of plaintiff to bring to the court all facts – which directly affect the merits of the case – if there is suppression of material facts – it will amount to misleading the court – and may entail dismissal or rejection u/s 151 IP Powers of the Court.

Author : M.Sheik Mohammed Ali

PRO CHAT CALL

Posted On 04 June 2012 at 14:55

Thanks Mr.Bharat Chugh, if you have more citation, kindly post it, and its also applicable into Civil suit.