Court Knows Law But Not Facts; Litigant Bound To State All Facts Relevant To Litigation: Telangana HC
The Telangana High Court held that in order to check multiplicity of proceedings on the same subject matter by suppressing material facts, parties must disclose details of all legal proceedings related to the matter of dispute.
The Court remarked, “parties have to disclose the details of all legal proceedings and litigations either past or present concerning any part of the subject matter of dispute which is within their knowledge.”
The petitioners had claimed that the Telangana State Southern Power Distribution Company Limited (TSSPDCL) was interfering with the possession of a piece of land.
A Single Bench of Justice Nagesh Bheemapaka observed, “A litigant is bound to state all facts which are relevant to the litigation. This is because ‘the Court knows law but not facts’. If he withholds some vital or relevant material in order to gain advantage over the otherside, then he would be guilty of playing fraud with the court as well as with the opposite parties which cannot be countenanced.”
Advocate Rapolu Bhaskar represented the petitioners.
TSSPDCL were allotted land for the construction of a sub-station. Dispute over the title and possession in respect of the subject land arose when the petitioners filed a suit against the Government of Andhra Pradesh and the Hindu Grave Yard Committee in 2007 and then later withdrew the suit after 11 years, only to file a fresh suit again.
TSSPDCL constructed a compound wall around the subject land after the suit was dismissed. However, the TSSPDCL was unable to proceed with further construction because the petitioners raised baseless and false contentions that they were in possession of the subject land and that there was a dilapidated house on it. The inhabitants of the area were made to suffer due to this.
The Court held, “This is a clear case of suppression of facts. In the entire affidavit, there is no whisper that petitioner filed suit and it was withdrawn after 11 years… it is imperative that petitioner approaching the writ court must come with clean hands and put-forward all facts before the Court without concealing or suppressing anything.”
The Court held that in order to check the multiplicity of legal proceedings and soliciting inconsistent orders through judicial forums by suppressing material facts, parties should disclose all past or present litigations concerning the subject matter of the dispute.
The Court stated that “since petitioner has not disclosed filing of suit and its withdrawl, this Court directed to maintain status quo, hence, they have to be non-suited on the ground of suppression of material facts.”
Accordingly, the High Court dismissed the petition with exemplary costs of Rupees one lakh.
Cause Title: R.Mallesh & Ors. v. The State of Telangana & Ors.