4. The learned counsel for the petitioners would submit that during the
pendency of the suit filed by Marichamy, he settled the property in favour of his
wife under the settlement deed dated 09.06.2016 bearing document
No.4595/2016. The settlee Amsaveni was a party to the suit and after service of
summons, she suppressed the fact and in turn further, settled the suit property in
favour of her brother/the present respondent/plaintiff. Suppressing all the facts,
the respondent/plaintiff had filed the subject matter of suit in O.S.No.625 of 2018,
which is liable to be strike off. The learned counsel relied on the judgment of this
Court in the case of P.S.K.Kanagaraj and 3 others Vs. Kamaraj and another
reported in [1997-3-L.W.909]. Once the plaintiff has suppressed the fact and
not disclosed the entire fact, the powers under Article 227 of the Constitution of
India have to be invoked.
18.At this juncture, it is relevant to rely upon paragraph 19 of the judgment of this Hon'ble Court reported in 1997 II MLJ 655 in the case of P.S.K.Kanagaraj and others Vs. Kamaraj and another which reads as follows:
"19. In view of the binding precedents, when a fraud is manifested and abuse of process of court is also brought to the notice of the court and when the plaintiff has obtained unfair advantage at the cost of others, naturally, it is the duty of the court to see that the miscarriage of justice does not survive further. The Plaintiff is only a namelender, who should not take advantage by the fraud and abuse of process of court committed by him."