Emrald Co Operative Housing Society Ltd vs Decd. Gulamkadar S/O Gulam Husain ... on 18 June, 2019
34. Yet another decision relied upon by learned Senior
Advocate for the petitioner is reported in AIR 2010 Patna
189 in the case of Bhagirath Prasad Singh Vs. Ram
Narayan Rai and Anr. which is essentially dealing with a
situation about a litigation based upon suppression of material
fact and clever omission and after relying upon several
decisions of the Hon'ble Supreme Court, what has been laid
down by the Patna High Court is that, if a real cause of action
has not been set out in the plaint and some illusion is sought
to be created on the basis of suppression of material fact, the
same cannot be permitted. The relevant observations
contained in paragraph Nos.12 and 13 deserve to be quoted
hereinafter: