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Fraud and misleading of court

(Querist) 16 May 2014 This query is : Resolved 
Plaintiff filed suit for recovery of two property out which he already sold one property even before filing the suit which is proved on the file but the counsel at the time of arguments state that he withdraw the claim over that property and want the decree of the remaining portion.he played a fraud and intentionally added the sold property . As per recent judgement of SC party not entitled to any relief if played a fraud. My query is
1. Whether the suit should be dismissed in toto if yes, with law point and reasoning.
Lawyer SALEEMA KABEER (Expert) 16 May 2014
If a party has approached the Court without clean hands and if the Court found that a party played fraud with Court, no doubt, Court can reject the suit with cost.
Sankaranarayanan (Expert) 16 May 2014
The court can reject
Advocate Bhartesh goyal (Expert) 16 May 2014
Yes court can dismiss entire suit if found that party has not come in court with clean hands but with ulteriour motive.
T. Kalaiselvan, Advocate (Expert) 18 May 2014
I agree, that f the court finds that a party has played fraud upon court by furnishing false information with some ulterior motives, the suit can be dismissed with exemplary costs on the party.
Satya nand aggarwal (Querist) 18 May 2014
Please quote any authority of any high court in which the suit was dismissed in Toto.
T. Kalaiselvan, Advocate (Expert) 20 May 2014
You have to look for the authority or the judgments in this regard yourself by browsing some high courts or supreme court websites.


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