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1 - 10 of 16 (0.23 seconds)The Punjab Tenancy Rules
Article 59 in Constitution of India [Constitution]
The Code of Civil Procedure, 1908
The Limitation Act, 1963
Prem Kishore . vs Brahm Prakash . on 29 March, 2023
6. Mr Anshin H. Desai, learned Senior Advocate in the brief
rejoinder, reiterated that the appeal was allowed only on 11.07.2019
Page 10 of 29
Uploaded by BINOY B PILLAI(HC00183) on Tue Sep 16 2025 Downloaded on : Sat Sep 20 00:21:43 IST 2025
NEUTRAL CITATION
C/FA/2541/2024 JUDGMENT DATED: 02/09/2025
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and the right to sue accrued only upon the suit having been
decided. It is submitted that the additional affidavit and the
documents together with the additional affidavit, cannot be looked
into in view of the judgment of the Apex Court in the case of Prem
Kishore vs. Brahm Prakash (supra).
Dahiben vs Arvindbhai Kalyanji Bhanusali (Gajra) ... on 9 July, 2020
In the case of Dahiben
vs. Arvindbhai Kalyanji Bhanusali (supra), the Apex Court has
observed that the Court, must be vigilant against any camouflage or
suppression, and determine whether the litigation is utterly
vexatious, and an abuse of the process of the Court. Paragraphs
23.2, 23.3, 23.4 and 24.4 of the judgment, are reproduced
hereinbelow for ready reference:-
The Indian Succession Act, 1925
Rajhans Infrancon (India) Pvt Ltd vs Santosh Rameshbhai Rathod on 13 November, 2019
25. Yet in another judgment in the case of Rajhans Infracon vs.
Santosh Rameshbhai Rathod (supra), this Court, has succinctly
considered the consequences of suppression of material fact while
filing the suit. This Court has held and observed that it would be
obligatory for the plaintiff to plead the cause of action with full
material particulars, documents, facts in issue and the relevant facts
to his knowledge, information and belief. It has been further held
and observed that the obligation is cast upon the plaintiff to explain
in the pleadings that the plaint does not suffer from material bar. It
has been held and observed that the plaint would not be saved by
clever drafting, therefore, pleading of all the facts and production of
Page 24 of 29
Uploaded by BINOY B PILLAI(HC00183) on Tue Sep 16 2025 Downloaded on : Sat Sep 20 00:21:43 IST 2025
NEUTRAL CITATION
C/FA/2541/2024 JUDGMENT DATED: 02/09/2025
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the relevant documents which may be in the knowledge and
information of the plaintiff is an obligation cast upon it and it is not
the matter of choice of the plaintiff. The Court, therefore, may be
justified in comprehending such concealed facts and documents,
when brought to its notice, for an order under Order VII Rule 11 of
the Code and in such an eventuality the plaintiff cannot accuse the
Court being unfair to him. Paragraphs 6.1, 6.2 of the said judgment
is reproduced hereinbelow for ready reference:-