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2003 Supreme(Ker) 756

K.S.RADHAKRISHNAN, K.PADMANABHAN NAIR
Niyamavedi – Appellant
Versus
Union of India – Respondent


ORDER

K.S. Radhakrishnan, J.

1. The apex court in S.P. Chengalvaraya Naidu v. Jagannath (1994 (1) SCC 1) held that the principle of finality of litigation cannot be pressed to the extent 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 two comes to the court, must come with clean hands. The apex court held that more often than not, process of the court is being abused. Property-grabbers, tax evaders, bank loan dodgers and other unscrupulous persons from all walks of life find the court process a convenient lever to retain the illegal gains indefinitely. The court reminded that a person, who s case is based on falsehood, has no right to approach the court and can be summarily thrown out at any stage of the litigation. We are constrained to apply he above mentioned principle to the instant case since we are convinced that the attempt of the applicant was to grab forest land by abusing the process of the Forest Tribunal and this court. Before we examine the question as to how the order passed by the Forest Tribunal in O.A. No. 247 of 1979, confirmed by this court in




































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