Honourable Supreme Court of India
Prestige Lights Ltd. V. State Bank of India (2007) 8 SCC 449
Honourable Supreme Court of India has held that if the Litigants do not disclose full facts or suppresses relevant materials or is otherwise guilty of misleading the court, and thus the court may dismiss the action without adjudicating the matter. It is imperative that the petitioner approaching the writ court must come with clean hands and put forward all facts before the Court without concealing or suppressing anything.
Para 33. It is thus clear that though the appellant Company had approached the High Court under Article 226 of the Constitution, it had not candidly stated all the facts to the Court. The High Court is exercising discretionary and extraordinary jurisdiction under Article 226 of the Constitution.
Over and above, a court of law is also a court of equity. It is, therefore, of utmost necessity that when a party approaches a High Court, he must place all the facts before the Court without any reservation. If there is suppression of material facts on the part of the applicant or twisted facts have been placed before the Court, the writ court may refuse to entertain the petition and dismiss it without entering into merits of the matter.
Drafted By Abhijit Mishra