IN THE COURT OF XXXXX; LD.SCJ/ARC; DISTT. WEST; TIS HAZARI COURTS, DELHI.

CIVIL SUIT NO. XXXX OF 2023

IN THE MATTER OF :-

XXXXX.                                   : PLAINTIFFS

VERSUS

XXXXX.               : DEFENDANTS

N.D.O.H.:XXXXX

INDEX

XXXXX                                                                  DEFENDANTS

THROUGH

DATED

XXXXX

ADVOCATES

XXXXXX

XXXXXX

Email XXXX

IN THE COURT OF XXX ; LD.SCJ/ARC; DISTT. WEST; TIS HAZARI COURTS, DELHI.

CIVIL SUIT NO. XXXXX.

IN THE MATTER OF :-

XXXXX.                                   : PLAINTIFFS

VERSUS

XXXXX.               : DEFENDANTS

N.D.O.H.:XXXXX

APPLICATION UNDER ORDER  7 RULE   11   R/W SECTION 151 OF CPC ON BEHALF OF DEFENDANTS FOR REJECTION OF PRESENT SUIT AS THE SAME IS FILED BY PLAINTIFFS BY CONCEALING OF MATERIAL FACTS AND BASED UPON FALSE AND MISLEADING STATEMENTS.

MOST RESPECTFULLY SHOWETH:-

1.       That the present suit for Recovery of Possession & Arrears of Rent, Damages, Permanent and Mandatory Injunction is pending before this Hon’ble Court for XXXX.

2.       That the claim of plaintiffs is being filed by concealing material facts and same is based on frivolous and misleading submissions which is evident from the comparison of pleadings of Suit for Recovery of Possession & Arrears of Rent/Damages and Permanent bearing C.S.No.XXXX titled as XXXX VS XXXX and the pleadings of the present suit.

3.       That in the present suit Plaintiffs cleverly concocted story and manipulated their previous frivolous claim to file present baseless claim on property No.XXXX  Delhi-110008, without having right tittle and interest in the same and said fact is crystalized from the submissions and pleadings of plaintiffs in both their claims which is place before this Hon’ble Court.

4.       That the plaintiffs in previously instituted suit sought similar relief from some other person namely XXXX ,XXXX, XXXX,XXX As per the orders of Ld. SCJ/RC (West), dated XXXXX in CS.No. XXXX  the Plaintiffs were directed as under-:

“The Plaintiffs are directed to show which is the period of default in terms of clause 7 of the lease deed, and also where when the defendants were put in possession of the suit property put up for XX^h February XXXX for consideration.”

5.       That thereafter Plaintiffs field application for amendment of Plaint dated ………….. and I that amendment added para No.7A stating that the Defendants have paid rent till XXXX and the period od default is Jan XXX till Dec XXXX…………………… but in the present suit Plaintiff in Para No.16 stated that the Plaintiffs received rent till December XXXX ……………………..The said inconsistent stand makes it amply crystalize that neither the Plaintiffs have any right nor there is any landlord tenant relation ship and both the averments in XXXX suit and XXXX suit are absolutely frivolous and concealment of facts debarring Plaintiffs  from claiming any relief from this Hon’ble Court. Hence the present suit is liable to be dismissed at the threshold. The site plans of XXXX and XXXX is reproduce hereunder for kind convenience of this Hon’ble Court;-

          Site Plan-XXXX

Site Plan-2023

6.       That the Plaintiffs are guilty of willful suppression and their conduct manifestly debars them to claim any relief from this Hon’ble Court which are as under:

A.      Both the suits are filed for Property No XXXXX at page No…….

B.       Suit Property claimed in XXXX  was 150 Sq.Yrds.(45’ X30’)  whereas in present suit claim is filed 95 Sq.Yrds.(32.5X----)

C.      Suit of XXXX was filed on the basis of Ledger of lease for property No.XXXX  period XXXX till XXXX filed on XXXX

D.      At page No…………..

E.       Rent paid till XXXX and in present suit rent received till XXXX at para No…. at page no……….

F.       Soni Ram in possession as per para-7 of amended plaint

G.      Defendants have failed to pay lease money from December XXXX to November XXXX.

H.      Cause of Action non payment of rent December

XXXXX

.         Illegal construction over the lease land underneath property No. XXXXXX

7.       That the Plaintiffs were duty bound in law to disclose the factum of filing the previous suit and the above stated facts in the present suit and Plaintiffs have not acted with malicious intention and as per the requirement of Order VI Rule 2(1) of the Code of Civil Procedure clearly stipulates that the pleadings should contain the material facts. It has been observed by the Apex Court in Sopan Sukhdeo Sable and Others vs. Assistant Charity Commissioner and Others [MANU/SC/0071/2004 : (2004) 3 SCC 137] that omission of a single material fact leads to an incomplete cause of action and the statement or plaint becomes bad and non-maintainable on merits.

8.       That the present suit is gross misuse of process of law as it is well settled Law that dexterity of the draftsman whereby the material facts are camouflaged in a cleverly drafted plaint and illusionary cause of action is set out, to maintain a frivolous in absence of an established right to file a claim in the court of law. That Hon’ble Supreme Court in ,“ T. Arivandandam vs. T.V. Satyapal 1978(1)(S.C.) 33- Further, the reading of plaint for the purposes of Order VII Rule 11 of the Code of Civil Procedure would be meaningful reading and not only the formal reading of the same. If real cause of action has not been set out in the plaint rather something illusionary has been stated with a view to get out the scope of Order VII Rule 11 of the Code of Civil Procedure, such clever drafting and suppression of material facts are not permitted in law and hence such action should be nipped at the bud. That as per the settled law and views of the Hon’ble Apex court is that “An activist judge is the answer to irresponsible law suits”.

9.       That as per contents of the present case Plaintiffs have suppressed facts and camouflaged cause of action by comparing of Paras 1,7, XXXXX Plaint  with Para of present Plaint XXXXXX filed on XXXX proves and demonstrates that Plaintiffs have approached this Hon’ble Court with unclean hands and based their claim on wrong facts and suppression the material facts, hence  the present proceedings is liable to be dismissed straightway at threshold without even considering any merits. As Plaintiffs have withheld vital documents in order to gain undue advantage in the present suit after making an unsuccessful attempt in previously instituted suit and Plaintiffs are clearly guilty of playing fraud on the court.

10.     That the concealment and suppressed facts highlighted in the present application and this can be summarily thrown out at any stage of litigation. In this regard reliance can be placed upon the decision given in case

****** S.P. Chengalvaraya Naidu vs. Jagannath AIR 1994 SC 853.

13. ******* Delhi High Court also in Paramount Publicity vs. MCD 1995 I AD (Delhi) 91, 

********Rohit Dhawan vs. G.K. Malhotra AIR 2002 Delhi 151 *******M/s Seemax Construciton vs. State Bank of India AIR 1992 Delhi 197-------- held that in case of suppression of material facts, suit is liable to be dismissed without going into the merits.

4) Where a party is guilty of suppression of material facts and is not approaching the court with clean hands and thereby abusing process of the court, then he is not entitled to any relief whether interim or final.

In this regard, reliance can be placed upon case law Kishore Samrite vs. State of UP (2013) 2 SCC 398. Supreme Court even asked the subordinate courts to take stern actions against such type of litigants including for contempt, perjury and imposition of heavy costs who have no respect for the court and coming forward with their case based upon falsehood. 48. The Supreme Court in Kishore Samrite vs. State of U.P. and Ors., MANU/SC/0892/2012 has specifically given guidance on how to approach cases where a party is held to be guilty of suppression and misrepresentation.

11.     That the present suit apart from the fact that is devoid of any cause of action and substance must be dismissed for abuse of the process of law and for suppressing of material facts. In any event the Plaintiffs having taken advantage of the said documents and the affidavits filed in judicial proceedings cannot be allowed to wriggle.

12.     Non filing of the documents in power and possession of a party to a lis and/or not disclosing the true facts in any judicial proceedings in which the said documents have been utilized by the parties results in a fraud being played upon this Hon'ble Court and therefore the suit deserves dismissal on this ground too besides directions to lodge appropriate complaints out of the same.

13.     That it is not for the first time that the Plaintiffs have made such attempts. The conduct of the Plaintiffs in present suit is apparent before this Hon’ble as the pleading in Suit No. XXXX have already been brought of this Hon'ble Court by the Defendants by filing certified record. The Defendants crave leave to refer to and rely upon the same at the time of hearing of the application, contents whereof are not being repeated herein for the sake of brevity but may be read as part and parcel of this application. A bare perusal of the pleadings, documents on record inter-alia referred to above, established beyond doubt that the present suit is manifestly misconceived. The pleadings supported by affidavit are being expressly admitted by the Plaintiffs in judicial proceedings. Invocation of the jurisdiction of this Hon'ble Court by litigants like the Plaintiffs must be nipped in the bud. The present suit is therefore liable to be dismissed for want of cause of action being vexatious, an abuse of the process of law and in any event on the admissions made by the Plaintiffs themselves.

***** On the submissions made on solemn affirmation and otherwise by the Plaintiffs in the plaint of XXXX and the documents in support filed by Plaintiffs herein are concealed and withheld by plaintiffs. There is no rebuttal by the Plaintiffs in the rejoinder dated XXXXX and it is affirmed in Para 2 in Reply to Preliminary Objections,

“That the contents of para 2 are Preliminary Objections are wrong and denied except the filing the present Suit for Possession, Recovery of damages and Permanent Injuction. CS.No XXXXX dated XXXXX titled as XXXXXX . It is submitted that the plea raised by defendant in his para under reply that plaintiffs filed suit against XXXXXr. In fact Plaintiffs withdrawn his suit against XXXXXX due to technical defects.     

It is pertinent here to mention that in the previous suit as well in the present Plaintiffs have attempted to lay a frivolous claim on the basis of imaginary cause of action and played fraud with the court. Hence Plaintiffs are absolutely bound by their reckless conduct and this Hon’ble Court is duty bound to nip in the bud and curtail the present frivolous proceedings.

14.     That it is well settled principle of law that admissions are substantive evidence proporio vigore. The concealment in the present matter and admissions in the present rejoinder are evident from the judicial proceedings interalia referred to above and also in compliance with the statutory provisions of law/ are clear and unambiguous that present suit is based on falsehood and suppression. There is not even a whisper in the plaint regarding entitlement of plaintiff’s ownership or any documents in support of bogus claim of title. As such, the said facts and in absence of ownership documents and any rent receipt claiming to be owner or claiming landlord cannot be established.

15.     That it is just and proper that in order to save costs and judicial time of this Hon'ble Court that the present application will be considered and decided for disposal of the same is likely to dispose of the suit itself.

P R A Y E R :-

In view of the aforementioned facts and submissions, it is therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to;-

a)       Allow the present application and dismiss the present suit filed by plaintiffs as the same is based upon concealed and suppression of material facts pleaded in C.S.No.XXXXX along with documents and Plaintiffs have not approached the Hon’ble Court with clean hands and in the interest of justice.

b)       Complaints in terms of law be directed to be filed by the defendants;

c)       Ad interim directions in terms of prayer (a) & (b) may be passed;

d)       Pass such further order or orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and may pass in favour of the defendants, in the interest of justice.

It is prayed accordingly

XXXXX                                                                  DEFENDANTS

THROUGH

DATED

XXXXX

ADVOCATES

XXXXX

XXXXX

XXXXX

Email: XXXXX

IN THE COURT OF XXXX; LD.SCJ/ARC; DISTT. WEST; TIS HAZARI COURTS, DELHI.

CIVIL SUIT NO. XXXXX.

IN THE MATTER OF :-

XXXXX.                                   : PLAINTIFFS

VERSUS

XXXXX.               : DEFENDANTS

A F F I D A V I T

Affidavit of xxxxx, aged about ___ years S/o  xxxxx R/o  xxxx New Delhi-110008, do hereby solemnly affirm and declare as under:-

1.       That I am the Defendant No.1 in the above noted matter and am well conversant with the facts of the case and am also competent to swear the present affidavit.

2.       That the submissions as to facts made in the accompanying application Order 6 Rule 16 R/w Section 151 of C.P.C have been drafted by my counsel under my instructions and the same have been read over and explained to me in my vernacular and the same may be read as part & parcel of this affidavit, which are not reproduced herein for the sake of brevity.

DEPONENT

VERIFICATION :-

          Verified at Delhi on this ____, day of October, 2024, that the contents of above affidavit are true and correct to my knowledge and no part of thereof is false and nothing material has been concealed therefrom.

DEPONENT

IN THE COURT OF XXX; LD.SCJ/ARC; DISTT. WEST; TIS HAZARI COURTS, DELHI.

CIVIL SUIT NO. XXXXX.

IN THE MATTER OF :-

XXXXX.                                   : PLAINTIFFS

VERSUS

XXXXX.               : DEFENDANTS

A F F I D A V I T

Affidavit of Mr. xxxxx aged about ___ years S/o Late Sh. xxxxx R/o  xxxx ,XXX, do hereby solemnly affirm and declare as under :-

1.       That I am the Defendant No.2 in the above noted matter and am well conversant with the facts of the case and am also competent to swear the present affidavit.

2.       That the submissions as to facts made in the accompanying application Order 6 Rule 16 R/w Section 151 of C.P.C have been drafted by my counsel under my instructions and the same have been read over and explained to me in my vernacular and the same may be read as part & parcel of this affidavit, which are not reproduced herein for the sake of brevity.

DEPONENT

VERIFICATION :-

          Verified at Delhi on this ____, day of December, 2023, that the contents of above affidavit are true and correct to my knowledge and no part of thereof is false and nothing material has been concealed therefrom.

DEPONENT

IN THE COURT OF XXX; LD.SCJ/ARC; DISTT. WEST; TIS HAZARI COURTS, DELHI.

CIVIL SUIT NO. XXXXX.

IN THE MATTER OF :-

XXXXX.                                   : PLAINTIFFS

VERSUS

XXXXX.               : DEFENDANTS

A F F I D A V I T

Affidavit of Mr. XXXXX, aged about ___ years S/O xxxxx , R/o xxxxx , XXXX, do hereby solemnly affirm and declare as under :-

1.       That I am the Defendant No.3 in the above noted matter and am well conversant with the facts of the case and am also competent to swear the present affidavit.

2.       That the submissions as to facts made in the accompanying application Order 6 Rule 16 R/w Section 151 of C.P.C have been drafted by my counsel under my instructions and the same have been read over and explained to me in my vernacular and the same may be read as part & parcel of this affidavit, which are not reproduced herein for the sake of brevity.

DEPONENT

VERIFICATION :-

          Verified at Delhi on this ____, day of December, xxxxx  that the contents of above affidavit are true and correct to my knowledge and no part of thereof is false and nothing material has been concealed therefrom.

DEPONENT