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HC summons woman to explain her 'false pleadings' in a case

Friday, 30 November 2012 - 1:45pm IST | Place: New Delhi | Agency: PTI

Court also imposed a fine of Rs20,000 on litigant after being satisfied that she 'prima facie' suppressed material facts from it.

A woman has been asked by the Delhi High Court to appear in person to explain the filing of "false pleadings" by her in a case of dispute over a plot of land here with her sisters-in-law.

A bench of Chief Justice D Murugesan and Justice Rajiv Sahai Endlaw also imposed a fine of Rs20,000 on litigant Malti Tiwari, after being satisfied that she "prima facie" suppressed material facts from it. The fine was ordered to be deposited within two weeks.

"Being prima facie satisfied of a false pleading having been affirmed by the respondent No2 (Tiwari), we deem it appropriate to direct her appearance in person before us on December 11, 2012. It is ordered accordingly," Justice Endlaw, writing the judgement, said.

The court's direction came on an appeal by one Sita Ojha against a single-judge bench order asking the DDA to mutate the plot in favour of her sister-in-law Malti Tiwari.

The dispute relates to a plot measuring 90 square meters at Rohini which was allotted to Malti's father-in-law Shiva Murti Tiwari in 1997.

Malti had moved the high court seeking mutation of the plot in her name on the ground that her father-in-law had given it to her by executing a will. She did not inform the court about other cases, relating to it, pursued by her in-laws.

The court took note of the suppression of facts and allowed the appeal by "setting aside" the order of the single judge bench which had led to the mutation of the property in Malti's favour.

"Though the appeal is disposed of, but to proceed further in the matter of false pleadings and affidavit by the respondent No2, list the matter before this court on 11th December, 2012," Justice Endlaw said.

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