JHUMMAN SINGH AND ORS. versus CENTRAL BOARD OF INVESTIGATION AND ORS.

JHUMMAN SINGH AND ORS. versus CENTRAL BOARD OF INVESTIGATION AND ORS.

Fraudulent procurement and execution of decrees for eviction constitutes a blatant abuse of the process of court. The Supreme Court is empowered to intervene and set aside such abuse irrespective of the procedural technicalities involved, and to impose costs and issue directions to prevent further abuse.

Parties
Petitioner: Jhumman Singh and Ors.; Respondent: Central Board of Investigation and Ors.
Jurisdiction
India
Judgment Date
30 March 1995
Procedural Posture
Writ Petition (civil) No. 487 of 1994 Under Article 32 of the Constitution of India / Final Judgment
Outcome
Petition allowed.
Legal Topics
Abuse of Process of Court, Fraudulent Decrees, Eviction, Maintainability of Writ, Costs
Constitutional Law Civil Procedure Judicial Process Abuse of Process of Court Fraudulent Decrees Eviction Maintainability of Writ Costs

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Parties

Jhumman Singh and Ors.

Petitioner

Central Board of Investigation and Ors.

Respondent

Procedural Posture

Writ Petition (civil) No. 487 of 1994 Under Article 32 of the Constitution of India / Final Judgment

Legal Issues

  1. 1 Whether obtaining and seeking to execute fraudulent decrees for eviction constitutes abuse of process of court
  2. 2 Whether a writ petition under Article 32 is maintainable in such circumstances
  3. 3 What reliefs should be granted when gross abuse of process is established

Ratio Decidendi

Fraudulent procurement and execution of decrees for eviction constitutes a blatant abuse of the process of court. The Supreme Court is empowered to intervene and set aside such abuse irrespective of the procedural technicalities involved, and to impose costs and issue directions to prevent further abuse.

Court Disposition

Petition allowed.

Orders

  • The impugned decrees are declared inexecutable; petitioners 1 and 2 shall not be evicted in execution of those decrees.
  • Third respondent shall pay costs of Rupees one lakh to petitioners 1 and 2 (rupees fifty thousand each) within one month, failing which the order shall be executed as a civil court decree.