The Plaintiff has instituted suit seeking recovery of money based
on an alleged breach of a construction agreement.
It is submitted that the entire substratum of the Plaintiff's case is built upon deliberate
misrepresentation, suppression of material facts, and active fabrication of evidence, constituting an
egregious fraud upon this Honorable Court.
The Plaintiff produced a copy of the construction agreement marked as Ext. A1, wherein vital clauses
regarding the actual titleholder of the property (the 2nd Defendant) were intentionally screened,
erased, and altered. This was done to falsely project that the 1st Defendant misrepresented
ownership, thereby creating a fraudulent ground to seek an attachment before judgment over the
Petitioner's independent property (Plaint B Schedule).
This Honorable Court, vide its detailed Common Order dated 31.08.2024 in I.A. No. 01/24 & I.A. No.
04/24, compared the Plaintiff's version (Ext. A1) with the original agreement produced by the
Petitioner (Ext. B1). In Paragraph 7.3 of the said order, this Honorable Court categorically observed
and held as follows:
"However, that writings regarding the title holder is not seen in Ext. A1, and it appears that an effort
is made to screen the same for suiting the case advanced by the plaintiff, which is nothing but fraud
upon the Court by the party."
No Prima Facie Case: The Sub Judge concluded that the plaintiff did not make out
a prima facie case and improperly used the court to coerce a settlement, directly
echoing the Supreme Court ruling in Raman Tech and Process Engineering Co. v.
Solanki Traders.
is there any possiblities to file a petition to dismiss the suit with the finding of sub judge
Asked 1 hour ago in Civil Law
The court noted that plaintiff fabricated the case fraudulently.
1. can i file criminal complaint ?
2. if the civil suit gets dismissed , can i file a suit for compensation and damages to recover my legal costs
Asked 19 minutes ago
