Legal News and Insight around the Globe!

Srinagar Court dismisses case after 35 years, fines plaintiff for ‘wasting time of the Court’

Shivani Gadhavi

Published On: December 30, 2021 at 15:40 IST

A Srinagar Court of Additional District and Sessions Judge gave closure to a thirty-five-year-old case pertaining to forgery and fined the plaintiff of INR three lakhs for making a false claim and ‘wasting precious time of the judiciary’.

The case pertains to a suit that was filed in 1986 in the Court of Additional District and Sessions Judge in Srinagar where a plaintiff (now deceased) had filed a case against her husband, who was divorced by her. The Plaintiff had filed a case to claim property rights over her ex-husband’s property while not disclosing the fact that she divorced him.

After the death of the original plaintiff, her nephew claimed to be her son and became the new plaintiff in the case while claiming rights over the property of the deceased plaintiff’s former husband.

The Court in this matter stated, “In view of the record on file and the evidence from both sides it could be safely held that the suit, as it exists now is filed by a person who has admitted that he does not belong to the plaintiff in any legal capacity (natural/adopted son) and at the same time he cannot be termed as indigent being a stranger to the suit, who has no legal locus to be the successor in interest of the plaintiff.”

The Srinagar Court also ordered the Police to register a First Information Report (FIR) against the accused person (plaintiff) in the case. The Court stated, “Such people (accused) are parasites in the society who not only suck the blood of their own fellow citizens but choke the course of justice and take the system for a ride perpetually.”