Delhi High Court Allows Withdrawal Of Plea Over False Citation Of Case Laws, Paragraphs From Non-Existing Judgments
The Delhi High Court has allowed withdrawal of a petition which relied upon case laws which did not even exist, including some of the fake paragraphs quoted from judicial precedents.
Justice Girish Kathpalia dismissed as withdrawn a plea filed by Greenopolis Welfare Association against various homebuyers, after the Court was informed that the case laws cited in the petition were false.
“The learned senior counsel and counsel appearing for respondents submit that they would take appropriate steps since some of the judicial precedents cited on behalf of petitioner do not even exist and in some of the precedents, the quoted portions do not exist. At request of both sides, it is made clear that submissions advanced today were confined only to the impugned orders and nothing else,” the Court noted.
“As requested, the petition and the accompanying applications are dismissed as withdrawn,” it added.
The plea challenged an order passed by a trial court impleadment of 17 additional plaintiffs in the matter, without amended pleadings, curtailing the Association's statutory period to file its Written Statement.
Before the trial court, the homebuyers had filed the suit against the Association in question.
The petition cited paragraph 73 of “Raj Narain v. Indira Nehru Gandhi, (1972) 3 SCC 850.” However, the ruling in question only had 27 paragraphs.
Another ruling cited was “Chitra Narain v. DDA, 2000 (87) DLT 276” but the judgment do not exist.
Other judgments cited in the petition did not quote the correct paragraphs as mentioned in the rulings.
Counsel for Petitioner: Mr. Rakesh Tiku, Sr. Advocate with Mr. Gaurav Kohli and Mr. Ashish, Advocates
Counsel for Respondents: Mr. N. Hariharan, Sr. Advocate with Mr. Ajay Sabharwal, Mr. Prateek Bhalla, Ms. Punya Rekha Angara, Mr. Aman Akhtar, Ms. Vasundhara N., Ms. Sana Singh, Ms. Vasundhara Raj Tyagi, Mr. Arjan Singh Mandla and Ms. Gauri Ramachandran, Advocates for R-1 to 15; Mr. N. Hariharan and Mr. Abhijat, Sr. Advocates with Mr. Ajay Sabharwal and Mr. Jai Sikand, Advocates for R- 1 (plaintiffs no. 1 to 4); Mr. Sanjoy, Sr. Advocate with Mr. Ajay Sabharwal, Mr. Jai Sikand and Mr. Anuj Aggarwal, Advocates for R- 1 (plaintiffs no. 5 to 19); Mr. Neeraj Dev Gaur, Advocate for R-1 (plaintiffs no. 20 & 21). Mr. Tushar Sannu and Ms. Shaoni Das, Advocates for R-21 & 22
Title: GREENOPOLIS WELFARE ASSOCIATION (GWA) v. NARENDER SINGH AND ORS