In a recent ruling, the Supreme Court expressed strong disapproval of a tenant’s attempt to disown an undertaking given to the Court regarding payment of rent arrears. The tenant claimed that his advocate had made the statement without his instructions. A bench comprising Justices Aravind Kumar and N.V. Anjaria was hearing his petition, which sought to challenge a High Court order striking off his defence in an eviction suit for failing to deposit admitted rent arrears in compliance with Order 15 Rule 5 of the Civil Procedure Code.
The Court held that its records are sacrosanct and reflect the actual sequence of events and undertakings made before it. It noted that the tenant appeared personally in Court and had instructed his advocate to make the undertaking to deposit the arrears. His subsequent attempt to shift blame onto his counsel for making the statement was not acceptable. The bench criticized the approach, calling it “recalcitrant,” and warned that such conduct, if tolerated, could undermine the administration of justice.
The Supreme Court dismissed the petition and imposed a cost of ₹10,000 on the tenant. Reflecting both reprimand and a measure of public service, the Court directed that the cost be paid to the Chief Minister’s Flood Relief Fund in Punjab. In its directive, the bench stated that attempts to evade responsibility in judicial processes must not be tolerated and should be “curbed with iron hands,” emphasizing that justice must not be polluted by such incidents.
The case, titled Santosh Gosain versus M/s Beli Ram Sareen & Anr., highlights the Court’s strict approach toward parties seeking to rescind or disassociate from statements made in Court when such statements were made under oath or by instruction. The Court’s decision underscores the sanctity of undertakings given before it and reinforces that individuals must stand by representations made under its aegis, especially when delivered in person and under judicial scrutiny.
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