Priya Gour
Published on: 21st August, 2022 at 18:00 IST
The Andhra Pradesh High Court bench of Justice Ravi Nath Tilhari recently found an affidavit to be false and thereby imposed ₹50,000 costs on the petitioner.
The court opined that such malpractices should be curbed effectively to preserve the sanctity of judicial proceedings. The court noted:
“The petitioner has tried to pollute the stream of justice and has filed a false affidavit, which is an evil and must be effectively curbed with a strong hand to preserve the purity of the judicial proceedings.”
A petition was filed before the Court alleging the Vijayawada Municipal Corporation of attempts of property demolition, without any prior notice and adherence of due process of law.
The petitioner informed the court of only his signature being obtained. However, the respondent did not serve any copies to him. Further it was admitted that the notice contained his signature and the endorsement of its receipt, and he failed to disclose this to his counsel.
The counsel for the respondent informed the court that due notice, along with three copies, was served to the petitioner.
The bench termed the case one of “concealment of material facts” and considered it an effort to get orders by misleading the Court. The bench relied on the apex court’s judgment in Oswal Fats & Oils Ltd. v Additional Commissioner (Administration).
The court has held that a person who moves to the court for a grant of relief, equitable or otherwise, is under a solemn obligation to candidly disclose all the material and important facts having a bearing on adjudication of the issues raised in the case.
Therefore, the bench dismissed the plea and imposed costs of Rs. 50000 on the petitioner, to be deposited with the Andhra Pradesh State High Court Legal Services Authority within 15 days. Failure to do so will result in the Registrar initiating cost recovery proceedings.