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1996 DIGILAW 865 (SC)

Timber Pvt. Ltd. v. Wazir Jai Singh

1996-04-09

A.M.AHMADI, B.N.KIRPAL, S.B.MAJMUDAR

body1996
ORDER : A.M. Ahmadi, CJI.- 1. Having heard the learned counsel for the parties, we are satisfied that on merits, this is not a fit case for interference under Article 136 of the Constitution of India. However, in para 13 of the memo of the special leave petition, it is averred that an application to bring the legal representatives of Wazir Jai Singh on record was made before the High Court, but the High Court, without disposing of that application, disposed of the main petition itself. This averment in para 13 is found to be inaccurate, as is evident from the endorsement on the application for certified copy dated 11-10-1995, wherein it is clearly stated that no such application was ever made. This endorsement is verified by the Assistant Registrar of the High Court. It is, therefore, clear that the petitioner has made a factually incorrect averment to this Court in para 13 of the memo of the special leave petition. This has been verified by one Harpal Singh, son of Sardar Gurdial Singh, r/o Patel Nagar, Akhnoor Road, Jammu. Since the averment is found to be false, we direct notice to issue to the said Harpal Singh to show cause why contempt of court/perjury proceedings should not be initiated against him. The proceedings emanating from that notice will be separately numbered. So far as this special leave petition is concerned, it is dismissed with costs. Costs quantified at Rs. 10,000. This cost will be paid within two weeks and will be a condition precedent for permitting the petitioner to defend the suit. The trial court will expedite the hearing of the suit. SLP dismissed with costs.