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2003 Supreme(AP) 874

Andhra Pradesh High Court
Judges : L.NARSIMHA REDDY
K.Pedda Linga Reddy - Appellant
Versus
B.Sathaiah - Respondent
RevW.P.M.P.No.352/03etc.
Decided On : 07-21-03
Advocates Appeared :
Mr.A.Pulla Reddy,Mr.D.Goverdhana Chary

Headnote:CIVIL PROCEDURE CODE, Or.22, R.3, r/w Sec.151 - CONSTITUTION OF INDIA, Art.226 - Compromise recorded in terms of Memorandum of Compromise as respective counsel representing parties, vouched for genuinity of signatures of parties on Memorandum of Compromise as well as its contents - Respondents filing review of order alleging that their thumb impressions or signatures are forged and a fraud was played on Court - After comparison Additional D.G.P also submitted report that signatures and thumb impressions of respondents on compromise petition and vakalath were forged - Advocates filed their affidavits disowning their role in acts of forgery - Order of compromise, set aside - Review petition, allowed.

       Fraud vitiates entire state of affairs brought about by it - In the instant case record clearly discloses that respondents did not submit any compromise petition nor sign vakalath - Forged vakalath and compromise petition filed in Court and order obtained by playing fraud on Court - Such acts of blatant fraud and misrepresentation cannot be countenanced - Directions issued to identify persons who have resorted to such acts of fraud and misrepresentation and submit complaint and to investigate matter through Special Agencies like CID or CBCID.

       Fraud - Effect - Fraud Vitiates entire state of offers - Courts even reluctant to extent ordinary protection available in law to those who resorted to fraud.

       Held : Parties who are victims of fraud would look to the courts to protect their rights. It would be really startling where fraud is played on the court itself. Fraud played by a person on another would only result in an undue benefit. However, where a fraud is played on the court, apart from gaining a benefit out of the fraud, the person would be weakening the very legal system. If such frauds are not nipped out at initial stages, recurrence of such instances would render the relevance or the very existence of the system questionable. Those who are responsible for it deserve to be denied all the benefits or privileges, which the other law-abiding citizens are entitled to. All agencies are required to be alert to ensue that the persons guilty of such an outrageous act are properly dealt with an every effort should be made in his regard. The subject matter, in such cases, assumes a greater significance and importance than the scope of the dispute between the parties to litigation.

( 1 ) THE writ petition is filed by three individuals viz. , Bodupalli Sathaiah, Yata sathi Reddy and Akunuri Lakshmaiah, against the order dated 3-7-2000 passed by the Joint Collector, Nalgonda, under the A. P. Record of Rights in Land Act. The order passed by the Joint Collector, 15th respondent, was on an appeal preferred by respondents 1 to 12.

( 2 ) THE writ petition was listed for admission on 30-8-2000 and was adjourned to 4-9-2000. On 4-9-2000, the writ petition was admitted and in W. P. M. P. No. 20353 of 2000, an interim order of Status qua obtaining as on that date, was passed.

( 3 ) THEREAFTER, the petitioners and respondents 1 to 12 filed W. P. M. P. No. 9278 of 2002 under Order XXII Rule 3 read with section 151 CPC praying this court to record compromise in terms of the Memorandum of Compromise. Respective counsel representing the parties, vouched for the genuinity of signatures of the parties on the memorandum of Compromise as well as its contents. Acting on the same, this court passed the following order: "during pendency of the writ petition, the petitioners, on the one hand, and the respondent Nos. 1 to 12, on the other; have settled the matter among themselves, wherein the respondent nos. 1 to 12 have admitted and acquiesced in the right of the writ petitions is respect of the land in question. They have also filed a memo of compromise and requested this court to record the same. In view of the settlement arrived at between the petitioners and respondent nos. 1 to 12, the writ petition is disposed of, in terms of the compromise. There shall be order as to costs. " respondents 1 to 12 in the writ petition filed w. P. M. P. NO. 352 of 2003 (W. P. M. P (SR) no. 123381 of 2002) for review of the above order dated 25-4-2002. They alleged that their thumb impressions or signatures, as the case may be, are forged and a fraud was played on the court.

( 4 ) SRI K. Govardhana Chary, learned advocate, represented respondents 1 to 12 in the writ petition. However, the review petition on their behalf was filed by another advocate Sri A. Pulla Reddy. As the matter was very serious, this court felt it proper to ascertain as to whether the thumb impressions and signatures, as the case may be, in the compromise petition were genuine or not. Therefore, respondents 1 to 12 were summoned to this court. When they complained that there is a threat to their lives, police protection was accorded.

( 5 ) RESPONDENTS 1 to 12 appeared before this court and denied their having put their thumb impressions or signatures on the compromise petition or the vakalat filed therein. On a comparison of the thumb impressions and signatures of respondents 1 to 12 taken from them in the court, and those in the compromise petition and vakalat filed by Sri Govardhana Chary, this court prima facie felt that the allegations of respondents 1 to 12 are true. With a view to reach a definite conclusion in the matter, this court passed on order on 30-12-2002, directing the additional Director General of Police, CID, to cause an enquiry into the matter and submit report as to the genuinity or otherwise of the thumb impressions or signatures, as the case may be, on the compromise petition and the vakalat.

( 6 ) IN compliance with the directions issued by this court, the Additional Director General of Police, CID submitted a report dated 19-6-2003, wherein it was pointed out that the signatures and thumb impressions of respondents 1 to 12 were forged. It was stated that during the course of enquiry, the writ petitioners have reported that the signatures of respondents 1 to 12 were secured by one shankar Reddy. Copies of the report were made available to the respective advocates representing various parties. Learned advocates have filed their affidavits disowning their role in the acts of forgery.

( 7 ) HAVING regard to the facts and circumstances of the case, this court is of the view that the material available on record is sufficient to hold that fraud has be







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