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Madras High Court Orders Police Inquiry Against Litigant For Filing False Affidavit In Court
Upasana Sajeev
8 Dec 2022 5:00 AM GMT
The Madras High Court recently directed the Joint Registrar Original Side to lodge a police complaint against a litigant who had approached the court with false affidavit and other documents.I hold that the petitioner herein had deliberately come to the Court with a false statement and necessary process must be issued to initiate criminal proceedings by the High Court against him for...
The Madras High Court recently directed the Joint Registrar Original Side to lodge a police complaint against a litigant who had approached the court with false affidavit and other documents.
I hold that the petitioner herein had deliberately come to the Court with a false statement and necessary process must be issued to initiate criminal proceedings by the High Court against him for presenting an affidavit with false statement before this Court.
Justice CV Karthikeyan made the above direction after observing that the litigant had created a false death certificate, false legal heirship certificate, false Will with false signatures, all of which were evidently false and thus the petitioner tried to influence the flow of justice of the court.
After further enquiry, it had been concluded that the petitioner herein had committed an act of forgery by creating a false Death Certificate, by creating a false Legal Heirship Certificate, by creating a false Will, by creating false signatures to the said Will which had been so created by influencing the other people to act as attestors and to file such document and further claimed that the original of the said document namely the original registered Will had been lodged with the Madras High Court.
The petitioner, trustee of Karunyam Mission Trust had approached the court to revoke an order of probate granted by a single judge in 2019 whereby the court had granted probate of the will of one deceased Ganapathy, made in 2018, to his sister and another.
The petitioner claimed that Ganapathy, in 2003 itself had voluntarily executed a will bequeathing his property in the name of Karunyam Mission (Trust). He also claimed that the will was registered with the Sub Registrar, Periamet, Chennai.
When the beneficiaries of the will came to know of this, they made an enquiry with the office of the Sub Registrar's office, who told them that such a document did not exist. The court also noted that though the petitioner claimed to have filed the original will with the High Court, no such document had ever been lodged with the madras high court.
This prompted the court to order a police inquiry against the litigant.
Case Title: Karunyam Mission (Trust) rep. by Trustee v. H Ganapathy and others
Citation: 2022 LiveLaw (Mad) 499
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