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1997 Supreme(Bom) 701

S.S.NIJJAR
Abdulla Umar Haji Ismail Merchant & others – Appellant
Versus
Subai Mura Rabari & others – Respondent


Judgment

NIJJAR S.S., J.:---Before coming to the merits of this notice of motion it would be apt to reproduce certain observations of the Supreme Court and of Punjab and Haryana High Court as they are relevant in the context of the controversy raised in this Notice of Motion. In the case of (S.P. Chengalvaraya Naidu v. Jagannath)1, A.I.R. 1994 S.C. 853 the Supreme Court (Kuldip Singh, J.) observed as follows :

"7. The High Court in our view, fell into patent error. The short question before the High Court was whether in the facts and circumstances of this case, Jagannath obtained the preliminary decree by playing fraud on the Court. The High Court, however, went, haywire and made observations which are wholly perverse. We do not agree with the High Court that "there is no legal duty cast upon the plaintiff to come to Court with a true case and prove it by true evidence". The principle of "finality of litigation" cannot be pressed to the extend of such an absurdity that it becomes an engine of fraud in the hands of dishonest litigants. The courts of law are meant for imparting justice between the parties. One who comes to the Court, must come with clean hands. We are constrained to sa






































































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