The Delhi High Court recently imposed exemplary costs of Rs. 10 lakh on a litigant for initiating false litigation, abusing the process of law, and causing gross wastage of judicial time..The litigant in question, one Praveen Saini, was a tenant who had filed an appeal against the order of the trial court, which had granted the possession of the suit premises to the landlord..The appellant had argued that the registered lease deed entered into by him was signed without going through the same on account of paucity of time. He also claimed that as per this agreement, the landlord had agreed to sell the suit property to him..However, in a criminal complaint filed under Section 200 Cr.P.C. before the Court of the Metropolitan Magistrate, Dwarka, the appellant had clearly stated that he is in possession of the premises as a tenant since 8-9 years, and that he had been paying rent to the respondent regularly..The Single Judge Bench of Justice Valmiki J Mehta, while dismissing the appeal, observed that,.“As Court of law, considering the society that we live in today, there are a flood of cases where each case seeks to out do the other case so far as dishonesty is concerned. Dishonest litigants have no qualms in going to the extremes of dishonesty not only to prejudice the opposite side in litigation but also put the system of litigation itself to question only because procedural matters and the system of adjudication on account of pendency of heavy backlog is taking considerable time of Courts.”.The Bench stated that the appellant was raising completely unfounded defences and was indulging in complete and outright dishonesty..Apart from dismissing the appeal, the Court gave directions for filing of an FIR against the appellant under Section 209 IPC for filing a false claim, and also initiated Contempt of Court proceedings, because of the outright dishonest and false claim/defence set up by the appellant..The Court directed the Registrar General to file a complaint with the concerned Metropolitan Magistrate under Section 209 IPC against the appellant for having filed a false claim of not being a tenant but being an alleged prospective purchaser under an agreement to sell..The Court further issued notice of criminal contempt against the appellant, stating that a completely false and dishonest claim was set up, clearly tending to interfere with the due course of judicial proceedings..“Where ever an action of a person results in scandalizing the Court or tends to lower the authority of the Court or prejudices or interferes with the due course of judicial proceeding or obstructs the administration of justice, criminal contempt arises.”.The Bench directed that out of the total costs of Rs.10 lakh, half shall be paid to the landlord and the balance amount shall be deposited by the appellant with the website www.bharatkeveer.gov.in within a period of six weeks..Read Judgment:
The Delhi High Court recently imposed exemplary costs of Rs. 10 lakh on a litigant for initiating false litigation, abusing the process of law, and causing gross wastage of judicial time..The litigant in question, one Praveen Saini, was a tenant who had filed an appeal against the order of the trial court, which had granted the possession of the suit premises to the landlord..The appellant had argued that the registered lease deed entered into by him was signed without going through the same on account of paucity of time. He also claimed that as per this agreement, the landlord had agreed to sell the suit property to him..However, in a criminal complaint filed under Section 200 Cr.P.C. before the Court of the Metropolitan Magistrate, Dwarka, the appellant had clearly stated that he is in possession of the premises as a tenant since 8-9 years, and that he had been paying rent to the respondent regularly..The Single Judge Bench of Justice Valmiki J Mehta, while dismissing the appeal, observed that,.“As Court of law, considering the society that we live in today, there are a flood of cases where each case seeks to out do the other case so far as dishonesty is concerned. Dishonest litigants have no qualms in going to the extremes of dishonesty not only to prejudice the opposite side in litigation but also put the system of litigation itself to question only because procedural matters and the system of adjudication on account of pendency of heavy backlog is taking considerable time of Courts.”.The Bench stated that the appellant was raising completely unfounded defences and was indulging in complete and outright dishonesty..Apart from dismissing the appeal, the Court gave directions for filing of an FIR against the appellant under Section 209 IPC for filing a false claim, and also initiated Contempt of Court proceedings, because of the outright dishonest and false claim/defence set up by the appellant..The Court directed the Registrar General to file a complaint with the concerned Metropolitan Magistrate under Section 209 IPC against the appellant for having filed a false claim of not being a tenant but being an alleged prospective purchaser under an agreement to sell..The Court further issued notice of criminal contempt against the appellant, stating that a completely false and dishonest claim was set up, clearly tending to interfere with the due course of judicial proceedings..“Where ever an action of a person results in scandalizing the Court or tends to lower the authority of the Court or prejudices or interferes with the due course of judicial proceeding or obstructs the administration of justice, criminal contempt arises.”.The Bench directed that out of the total costs of Rs.10 lakh, half shall be paid to the landlord and the balance amount shall be deposited by the appellant with the website www.bharatkeveer.gov.in within a period of six weeks..Read Judgment: