SUPREME COURT FINES LITIGANT FOR APPROACHING THE COURT WITH UNCLEAN HANDS
A Two Judge Bench of the Hon’ble Supreme Court of India comprising of Justice J.K. Maheshwari and Justice Aravind Kumar in the matter of Leelawati (dead) through Lrs. v/s State of Uttar Pradesh and Ors. Civil Appeal No. 1438 of 2025 (Arising out of SLP (C) No. 16536 of 2016) dismissed the Appeal and held that in case one of the parties misuses the process of the Court or attempts to obtain an order by tricking and stratagem the Courts would be justified in imposing the costs for initiating such vexatious litigation.
Facts and rounds of Litigation:
The Appellant/ Landlord had filed a suit for eviction seeking eviction of the Tenant on the ground of bona-fide need and the said suit was decreed by the prescribed authority under Rent act. The tenant, then filed a rent appeal which was allowed for the reason that in a suit based on bona-fide need, ownership has not been proved by the landlord.
Pertaining to the said Order, the Appellant approached the Hon’ble Allahabad High Court by fling a Civil Writ Petition bearing No. 42095 of 2001. The High Court while entertaining the said Writ Petition, passed an interim Order on 22.09.2006 stating that the rent of the disputed accommodation should be increased by Rs. 2,000/- per month from September, 2006. The rent of September, 2006 shall be paid by 7th October, 2006. The Hon’ble High Court also mentioned that if the tenant fails to pay the enhanced rent as prescribed by the Hon’ble Court, the landlord can get the disputed accommodation vacated with the help of Police within a period of one month by giving notice in writing.
The said Writ Petition was finally dismissed on 05.12.2012 and in the final Order of the Writ Petition it stated that the findings of fact recorded by the Appellate Court are perverse or contrary to material on record. The Court did not interfere with the findings of the Appellate Court and vacated all the interim orders that were passed.
As per the interim Order, the Appellant could not get the possession and therefore, the Appellant filed another Writ Petition bearing No. 64567 of 2013. The said Writ Petition was disposed-off with Order dated 26.11.2013, directing the SSP/DIG of Kanpur Nagar to look into the grievance of Petitioner and redress the same, in accordance with the law, within the next two months from the date of receipt of the Order.
The Appellant then went ahead and filed another Writ Petition which was also disposed off by the Hon’ble Court stating that the order of dismissal in the Writ Petition 42095 of 2001 had not been brought to the notice of the Court and the same was disposed off by the Hon’ble Court on merits. The High Court took a stringent view of the procedure followed by the Appellant and reprimanded the Appellant and stated that concealing the factum of final dismissal of Writ Petition No. 42095 on 05.12.2012 by misleading this Court, the Petitioner obtained the Order dated 26.11.2013 and when the said Order was not complied with, the Petitioner approached the Hon’ble High Court in the present Writ Petition. The Court observed that the Petitioner was trying to trick the Court and by misleading the Court and as such a cost of Rs.20,000/- was imposed on the Appellant.
Findings of the Supreme Court:
Upon reviewing the case, the Supreme Court concurred with the High Court’s assessment regarding the misuse of legal procedures. The Court emphasized that legal proceedings should serve the purpose of justice and not be employed as tools for harassment or undue advantage. In light of the Petitioners’ persistent and unjustified actions, the Supreme Court enhanced the cost to ₹50,000, directing that it be deposited with the Uttar Pradesh State Legal Services Authority within three months. Failure to comply would result in the amount being recovered as arrears of land revenue.
Legal Implications:
This judgment serves as a stern warning against the misuse of judicial processes. It reiterates the principle that courts possess the authority to impose costs to deter frivolous and vexatious litigation. The decision also highlights the importance of finality in legal proceedings and discourages parties from reopening settled matters without substantial grounds.
Conclusion:
The Supreme Court’s decision in Leelawati’s case reinforces the judiciary’s role in maintaining the sanctity of legal processes. By imposing a substantial cost, the Court has sent a clear message about the consequences of abusing the legal system. This case stands as a testament to the commitment of India’s highest court to ensure that justice is served efficiently and without unnecessary hindrances caused by baseless litigation.
SAKSHI RAGHUVANSHI
SENIOR LEGAL ASSOCIATE
THE INDIAN LAWYER AND ALLIED SERVICES
Editor’s Comments
In India, filing false and frivolous cases has become very common, because there is no stringent Law that disallows making a false case. In advanced countries, any litigant who makes a false case will be penalised with very high costs for wasting the valuable time of the Court. Since our Laws only provide for perjury, which allegation if made, has to be proved, litigants are getting bolder and bolder and filing false cases. The above being an example. In law, perjury means, knowingly making a false statement on oath or affirming, or signing a legal document containing false statements, before a court of law. The punishment for perjury can be imprisonment up to seven years, with fine.
The Supreme Court’s ruling on filing of a false and frivolous case is tantamount to approaching the Court with unclean hands will definitely send a message to all litigants who are filing such false cases. The fine ought to have been much higher to dissuade false litigations. However, the fact that the Tenant had to fight for more than two decades should also have been considered and costs for this false case should have been given to the Tenant.
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