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16. As rightly pointed out by the learned Counsel for the Petitioner, the
allegations made in Paragraph Nos.8, 9 & 10 of the Plaint are repetition of
Paragraph Nos.5 & 6 of the Affidavit filed in support of W.P. No. 12543 of
2013. Therefore, this Court cannot brush aside the contention of the learned
Counsel for the Civil Revision Petitioner that the 1st Respondent/Plaintiff
has been set up by the Petitioner in W.P. No.12543 of 2013, namely, Mr.
P.S.P.K. Maragatharaja Pandian, who failed to obtain favourable orders from
this Court. Approaching the Civil Court to overcome the Orders passed by this
Court is a fraudulent act. The parties are expected to approach the Court
with clean hands. If any of the parties abuse the forum, the said proceedings
are liable to be struck off as held by the Honourable Supreme Court in K.K.
Modi v. K.N. Modi and others, 1998 (3) SCC 573. The Honourable Apex Court, in
the said Judgment, held that Relitigation is an abuse of process of Court and
Paragraph 44 of the said Judgment is usefully extracted as follows:
44. One of the examples cited as an abuse of process of the Court is
relitigation. It is an abuse of process of the Court and contrary to justice
and public policy for a party to relitigate the same issue which has already
been tried and decided earlier against him. The reagitation may or may not be
barred as res judicata. But if the same issue is sought to be reagitated, it
also amounts to an abuse of the process of the Court. A proceeding being
filed for a collateral purpose, or a spurious claim being made in litigation
may also in a given set of facts amount to an abuse of the process of the
Court. Frivolous or vexatious proceedings may also amount to an abuse of the
process of the Court especially where the proceedings are absolutely
groundless. The Court then has the power to stop such proceedings summarily
and prevent the time of the public and the Court from being wasted.