Can fraud before the hon'ble high court be exposed by filing simple application?
Sadanand B. Panchal
(Querist) 13 November 2012
This query is : Resolved
Respected Experts,
There is a dispute of ownership under First Appeal before Hon’ble High Court. One of the family member of Lessee of the land had filed a civil Suit against another Family member of the Lessee and X Society, hence First Appeal pending. I am residing in the same land. The Co-operative Society appointed a developer and executed development Agreement and also irrevocable Power of Attorney in favour of the developer for reconstruction of the building of the society. One member of the Lessee did not gave vacant possession to the developer, therefore the “Co-operative Housing Society X” filed Civil Application personally before the same Hon’ble Court and obtained an order in consent terms signed by all the parties including the Society X in spite of the Constituted Attorney of the Society X was the developer. Is it legal to file proceedings by the Society X after the Society had already executed a Power of Attorney to the developer and to obtain the Order? If it is a fraud or contempt of Court, then can I inform the Hon’ble Chief Justice of the Hon’ble High Court to expose the fraud by way of simple application as I am third party but affected by the fraud in some other reason? There is another reason that the parties of the First Appeal are 18 nos. and I cannot afford to file contempt Petition because of my poverty.
Regards,
Sadanand B. Panchal
Raj Kumar Makkad
(Expert) 14 November 2012
Unless you become the party to the pending matter by filing an application under order 1 Rule 1- of CPC, you cannot file a simple application for bringing the alleged fraud done by society. Suppression of material fact of already executing POA in favour of developer and open fraud are two different aspects but even then a person should approach to the court with clean hands and this fact can surely favour you.
