SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1942 Supreme(Mad) 159

CHANDRASEKHARA.AIYAR
Kuppuswami Naidu – Appellant
Versus
Varadappa Naidu – Respondent


JUDGMENT

Chandrasekhara Ayyar, J.

1. All that can be said for the petitioner at best is that the order of the lower Court is wrong. But this by itself will not justify interference in revision under Section 115 of the Code. It was not a case of unintentional or accidental omission of assets, The Judge finds that it was a fraudulent suppression. The argument that, even if the particular asset that has now come to light had been disclosed, it would not affect the question of the alleged pauperism of the applicant does not take stock of the fact that the utmost bona fides is required of the petitioner in the matter of the disclosure of his or her assets and that any intentional departure from good faith, whatever the motive might be, must attract the consequence of a dismissal of the petition, because under Order 33, Rule 2 read with Order 33, Rule 5 (a) it is the bounden duty of the petitioner to make a full and accurate verified statement about his properties. Mt. Chamela Kuar v. Pursottam Das AIR1932Pat308 was relied on for the petitioner, but there the omission was held to be not an act of bad faith, and related to trifling movable properties-a couple of trunks and an almyrah. The e

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top