Pradeep Nandrajog, J.

1. Holding that the memorandum of settlement dated January 31, 2008 was a material document; and since in the writ petition filed by the appellant no mention thereto was made, returning a finding that there was a suppression of a material fact and a document, the writ petition filed by the appellant has been dismissed by the learned Single Judge vide impugned order dated July 03, 2009.

2. It is apparent that the learned Single Judge has returned a finding that the appellant has failed to observe Uberrimae fides. It is trite that concerning the extraordinary writ jurisdiction of a Court, if it finds truth being suppressed or misrepresented or a material fact suppressed, the Court would be justified in refusing to adjudicate upon the claim on merits.

3. A perusal of the pleadings of the second respondent, which was the contesting party, would evince that it had pleaded a summary rejection of the writ petition on the plea that two earlier writ petitions on the same subject which were dismissed; one held as not maintainable and the other as withdrawn, which fact was not disclosed. Apart therefrom, it was pleaded that the settlement memorandum dated January 31