Chambers of Daksha Kumar
Lady Justice Is Blindfolded Only To Be Non-Partisan,…
Lady Justice Is Blindfolded Only To Be Non-Partisan, Not To Be Blind To Mischief or Fraud Played Out By Dishonest Litigants: Delhi High Court
The Delhi High Court said during a hearing that the court was not a casino where people could come to gamble and withdraw their cases if they were losing.
The lady justice is blindfolded so that she can serve everyone with equal justice and prevent being portrayed or performed in the name of justice, the judge further added.
The bench severely criticises those who file fictitious petitions and mock the legal system, only to withdraw them later if their case is unsuccessful.
In relation to the acquisition of the property, a plaintiff filed a petition. He asserted that it was never planned for the defendant to carry out the sale and make an attempt to sell the property to a third party.
When the case was originally brought before the court, it was discovered that the plaintiff had not paid the full amount due to fulfil his contractual obligations as required by section 16(c) of the Specific Relief Act of 1963. As a result, the court instructed him to deposit all fees and submit an affidavit.
The plaintiff submitted an application to dismiss the case in April. Later on July 27, the subject was brought up in court once more.
The subject property is not owned by the defendant but rather by a company called M/s Joint Investments Pvt. Ltd., said the counsel of the company M/s Apogee Enterprises Pvt. Ltd. to the court. He also added that the subject property has numerous encumbrances over it. The party requested time to file an application to seek involvement in the matter.
On which both parties failed to respond. The defence claimed there was no need to respond because the plaintiff had previously requested to have the matter dismissed.
In actuality, the plaintiff contended that he is legally entitled to withdraw the action and doesn't require the court's approval in order to do so.
The court admonished both parties for submitting a fake application and ordered them to produce all relevant property-related papers in order to disclose the fraud taking place in the case.
As a result, the court dismissed the withdrawal application from the plaintiff and granted M/s Apogee Enterprises Pvt. Ltd.'s application.