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Supreme Court of India 2022-09-12 allowed

YASHODA (ALIAS SODHAN) vs SUKHWINDER SINGH AND OTHERS

Bench: 2 — B.R. Gavai, C.T. Ravikumar

In Brief

A plaintiff filed a suit for specific performance of an agreement to sell agricultural land without disclosing in the plaint that he had previously filed and withdrawn another suit involving the same land and defendant. He later explained in replication that the first suit was filed to save stamp duty. The trial court dismissed the suit as the plaintiff had suppressed material facts and come before the court with unclean hands. The appellate court reversed this. The Supreme Court allowed the appeal, holding that suppression of the prior proceedings was a material fact that amounted to fraud on the court. A party must approach the court with clean hands and disclose all facts material to the determination of the dispute.

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Civil Procedure Fraud on Court Suppression of Material Facts Specific Performance Land Disputes Doctrine of Clean Hands Res Judicata Evidence

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