Allowing litigant to change statement harms judicial process
Press Trust of India / New Delhi Oct 23, 2009, 10:31 IST
A litigant cannot be allowed to withdraw any statement made before the court, a Delhi court has said while rejecting a woman's plea to declare her consensual divorce decree void on the ground that it was obtained by fraud.
"If litigants were permitted to withdraw the statement made by them in court...Judicial process would be grossly undermined. This cannot be permitted," Civil Judge Lovleen said.
The court passed the order on Nupur's plea, seeking declaration of consensual divorce decree null and void on the ground that the consent was obtained by fraud in 2005.
"Keeping such an action alive would encourage litigants to disown their signatures, verification, and statements made by them in the court by simply feigning ignorance of the contents thereof rarely by pleading based on their carelessness. Such a conduct ought not to be encouraged but rather view very strongly," the court said.
"It is not open for her to challenge the averments made in the divorce petition and statement made in the Court by feigning ignorance of the contents there of by pleading carelessness on her part. Plaintiff cannot set up a case of fraud based on her carelessness," the court said while rejecting the plea of woman who is doctor by profession.
Good judgment - one of the few cases the judiciary has taken a sound judgment. Already with huge pile up of pending cases we the citizens of India are not living in a free country as without timely justice we are all scapegoats, we succumb to atrocities, bribery etc WHO HAS THE TIME TO WAIT FOR 10-15 YEARS FOR REDRESSAL it is better to pay off or back off.
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