Rajasthan High Court Upholds Enquiry into Alleged Fabricated Sale Agreement

Court Dismisses Petition Challenging Lower Court's Order for Investigation into Document Authenticity

In a significant ruling, the Rajasthan High Court, Jaipur Bench, has dismissed a petition challenging the order of an enquiry into the authenticity of a sale agreement, purportedly executed in 2000. The case, Sundar Singh v. State of Rajasthan, was presided over by Justice Anoop Kumar Dhand. The petitioners, led by Sundar Singh, had filed for specific performance of a sale agreement, which was alleged to be fraudulent, as the executants reportedly died before the document's execution date.

The petition challenged the order of the Additional District Judge, Deeg, Bharatpur, which directed an enquiry into the genuineness of the document. Sundar Singh’s counsel argued that there was no concrete evidence supporting the allegations of fabrication, and thus, the order for enquiry was unwarranted.

However, the High Court underscored the importance of maintaining the integrity of the judicial process. It highlighted that filing false documents in court is a grave issue tantamount to fraud. The court emphasized that when a document's authenticity is disputed, a thorough investigation is necessary to uphold justice and the law's majesty.

Referring to multiple Supreme Court precedents, the judgment stressed that courts must ensure they are not misled by deceitful litigants. The ruling cited significant cases, including Iqbal Singh Marwah v. Meenakshi Marwah and Kishore Samrite v. State of Uttar Pradesh, reinforcing that litigants must approach courts with clean hands.

Justice Dhand concluded that the petition lacked merit and did not warrant interference with the lower court's decision. The court directed the concerned authorities to expedite the enquiry, noting the delay since the original order in 2018.

The dismissal of this petition reaffirms the judiciary’s commitment to truth and integrity, ensuring that justice is not compromised by fraudulent practices.

Bottom Line:

Filing of false and fabricated documents in a court of law is a serious issue that constitutes fraud on the court. It necessitates a thorough enquiry to ascertain the truth and maintain the purity of the judicial process.

Statutory provision(s): Section 340 of the Criminal Procedure Code, 1973

Sundar Singh v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 2813610