J S CHADHA Vs. ALOK NANDA

JUDGEMENT

(1.) This Revision is directed against the Order dated 10.5.2003 passed in Suit No.47/2000 by the Civil Judge, Delhi, dismissing an application under Section 151 of Code of Civil Procedure filed by Defendant No.2 Shri J.S.Chadha. The application has been filed in a Suit for Permanent Injunction on the grounds that the Plaintiff had concealed material facts, in that no reference had been made of a Suit previously instituted by the Plaintiff for the passing of Declaration to the effect that the divorce decree obtained in the United States of America by Defendant No.1, daughter of Defendant No.2 and wife of the Plaintiff, is a nullity. Secondly, it has been contended in this application that service of summons/notice of the Suit on Defendant No.1 through her father, and duly constituted attorney Defendant No.2, namely, Shri J.S. Chadha, was also the product of an act of concealment inasmuch as the Plaintiff was well aware that Defendant No.1 was residing in the United States of America. The prayer in the application reads thus:

(2.) Reliance has been placed by learned counsel for the Petitioner on the observations of the Apex Court contained in S.P. Chengalvaraya Naidu (Dead) by Lrs. Versus Jagannath (Dead) by Lrs & Ors., 1993 (4) Scale 277 to the effect that a person whose case is based on falsehoods has no right to approach the Court; he can summarily be thrown out at any stage of the litigation.

(3.) So far as service of Defendant No.1 is concerned, the Plaintiff/Respondent has relied on the existence of a duly registered General Power of Attorney executed by her in favour of her father Defendant No.2, namely, Shri J.S. Chadha. One of the clauses of the General Power of Attorney reads thus: