Business Standard

Dishonest litigation must be discouraged: HC

Image

Press Trust of India New Delhi
The Delhi High Court has dismissed the appeal of a man and imposed Rs two lakh cost on him for "abuse of process of law", saying instances of dishonest litigation in the country must be discouraged.

The judgement had come on an appeal filed by one Kuldeep Aggarwal, who had challenged the decision of a trial court.

A trial court had ruled against him in a suit against termination of his tenancy.

Aggarwal had moved the high court contending that he was, in fact, not a tenant, and that the suit property had been purchased by him.

Justice Valmiki J Mehta , however, noted that no registered documents were produced to support contentions, and observed, "Clearly therefore the defence of the appellant/defendant/tenant of his having purchased the property had no legs to stand upon because transfer of title in the property is by means of registered document and which admittedly did not exist and therefore by admitted fact no defence was made out before the trial court for not decreeing the suit under Order XII Rule 6 CPC (Code of Civil Procedure)."
 

The court, thereafter, dismissed the man's appeal against the trial court, observing, "It is high time that dishonest litigation in this country must be discouraged."

"The present appeal and defence of the appellant/ defendant/tenant before the trial court is completely dishonest and malicious to somehow or the other enable the appellant/defendant/tenant to illegally continue in possession of the suit premises," the court added.

It said, "this appeal being an abuse of process of law is dismissed with costs of Rs two lakh and which costs shall be paid by the appellant/defendant/tenant positively within three weeks from today with website www.Bharatkeveer.Gov.In".

Disclaimer: No Business Standard Journalist was involved in creation of this content

Don't miss the most important news and views of the day. Get them on our Telegram channel

First Published: Jul 31 2017 | 9:10 PM IST

Explore News