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Patna High Court

Shree Kant Singh @ Srikant SinghversusThe State of Bihar through the Additional Chief Secretary Revenue and Land Reforms Department

Decided
Disposal
DISMISSED

Holding

A review cannot be entertained where the alleged misstatements are supported by the annexures filed and no new material evidence or apparent error is demonstrated.

Summary

The petitioner, Shree Kant Singh, filed a civil review seeking to set aside the High Court's order dated 14‑10‑2025 in CWJC No.15622/2025, alleging that the original writ petition contained false statements and suppressed material facts, including the existence of Title Suit No.1213/2023. The respondents contended that the statements in paragraphs 7‑10 of the writ were supported by annexures filed with the petition and that no suppression occurred. The Court examined the grounds for review under Order XLVII Rule 1 of the Code of Civil Procedure, which permits review only on discovery of new evidence, apparent error, or any other sufficient reason. It held that the alleged misstatements were based on the annexures and that no new or material evidence was uncovered, nor was there any apparent error in the original order. Consequently, the Court found no merit in the review application and dismissed it. The decision reaffirmed that a review cannot be entertained merely on allegations of fraud unless substantiated by fresh, material evidence.

Issues considered

  • Whether the petitioner proved that the original writ petition contained fraudulent misrepresentations or suppression of material facts warranting a review.
  • Whether the grounds pleaded fall within the limited categories of review under Order XLVII Rule 1 CPC.

Legislation cited

Subjects

  • fraud
  • suppression of facts
  • review jurisdiction
  • Civil Procedure Code
  • land reforms
  • misrepresentation
  • order review

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      CIVIL REVIEW No.293 of 2025
                                                     In
                               Civil Writ Jurisdiction Case No.15622 of 2025
                 ======================================================
                 Shree Kant Singh @ Srikant Singh, Son of Late Ravi Shankar Singh, Resident
                 of Village- Sarthua, P.S. Udwantnagar, District-Bhojpur.

                                                                             ... ... Petitioner/s
                                                    Versus


           1.    The State of Bihar through the Additional Chief Secretary, Revenue and
                 Land Reforms Department New Secretariat, Patna.
           2.    The District Magistrate, Bhojpur at Ara.
           3.    The Deputy Collector, Land Reforms, Ara, Bhojpur.
           4.    The Circle Officer, Udwant Nagar, Bhojpur at Ara.
           5.    The Officer in Charge cum S.H.O., Udwant Nagar, Bhojpur at Ara.
           6.    Barmeshwar Singh, Son of Late Kishun Singh, Resident of Village-Sarthua,
                 P.S. Udwantnagar, District-Bhojpur at Ara.
           7.    Kumar Ajit, Son of Deo Nath Singh, Resident of Village-Sarthua, P.S.
                 Udwantnagar, District-Bhojpur at Ara, at presently residing at C-19,
                 Akanksha Kunj, Civil Centre, Bhilai Durg, Chhatisgarh- 490006.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Aditya Narayan Singh-1, Adv.
                                               Mr. Shivam Aniket, Adv.
                 For the Respondents    :      Mr. D.S. Vidyarthi, Adv.
                 For the State          :      Mr. Nagendra Prasad Yadav, (SC-23)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

4   18-03-2026                   The instant civil review application has been filed by

                   the petitioner with a prayer to review the order dated 14.10.2025

                   passed in CWJC No. 15622 of 2025.

                                 2. Mr. Aditya Narayan Singh-1, learned counsel

                   appearing for the petitioner by referring to the paragraphs nos.
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          7, 8, 9 and 10 of the writ application in CWJC No. 15622 of

          2025, submits that in these paragraphs, the petitioner of the said

          writ suppressed the material facts concerned to the Amin report

          and thereby misled this Court and in actual, no measurement of

          the land in question had been done and in this regard, wrong

          submission was made and accordingly, the petitioner of the writ

          application, who is O.P. No. 7 in the present review application,

          committed fraud upon this Court. It is further submitted that the

          said O.P. did not give the details of the Title Suit No. 1213 of

          2023 relating to the same issue before this Court in the writ

          application and thereby also misleading this Court and the

          disclosure of the said Title Suit was very important, and its

          suppression affected this Court while passing the final order

          dated 14.10.2025 in the writ application. In support of these

          submissions, learned counsel has placed reliance upon the

          judgments of the Hon'ble Supreme Court passed in the cases of

                       (i) S.P. Chengalvaraya Naidu (Dead) by LRS. vs.

          Jagannath (Dead) By LRS. & Ors. reported in 1993 SCC

          Online SC 318, relevant paragraphs number 1, 5 and 6 of the

          judgment upon which reliance has been placed are being

          reproduced as under:-

                       “1.     Fraud      avoids      all   judicial   acts,
                       ecclesiastical or temporal” observed Chief
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                       Justice Edward Coke of England about three
                       centuries ago. It is the settled proposition of
                       law that a judgment or decree obtained by
                       playing fraud on the court is a nullity and non
                       est in the eyes of law. Such a judgment/decree-
                       by the first court or by the highest court- has
                       to be treated as a nullity by every court,
                       whether superior or inferior. It can be
                       challenged in any court even in collateral
                       proceedings.
                       5. The High Court, in our view, fell into patent
                       error. The short question before the High
                       Court      was    whether          in    the     facts    and
                       circumstances        of     this        case,    Jagannath
                       obtained the preliminary decree by playing
                       fraud on the court. The High Court, however,
                       went haywire and made observations which
                       are wholly perverse. We do not agree with the
                       High Court that “there is no legal duty cast
                       upon the plaintiff to come to court with a true
                       case and prove it by true evidence”. The
                       principle of “finality of litigation” cannot be
                       pressed to the extent of such an absurdity that
                       it becomes an engine of fraud in the hands of
                       dishonest litigants. The courts of law are
                       meant for imparting justice between the
                       parties. One who comes to the court, must
                       come with clean hands. We are constrained to
                       say that more often than not, process of the
                       court is being abused. Property-grabbers, tax-
                       evaders,      bank-loan-dodgers                 and      other
                       unscrupulous persons from all walks of life
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                       find the court-process a convenient lever to
                       retain the illegal gains indefinitely. We have no
                       hesitation to say that a person, who's case is
                       based on falsehood, has no right to approach
                       the court. He can be summarily thrown out at
                       any stage of the litigation.
                       6. The facts of the present case leave no
                       manner of doubt that Jagannath obtained the
                       preliminary decree by playing fraud on the
                       court. A fraud is an act of deliberate deception
                       with the design of securing something by
                       taking unfair advantage of another. It is a
                       deception in order to gain by another's loss. It
                       is a cheating intended to get an advantage.
                       Jagannath was working as a clerk with
                       Chunilal Sowcar. He purchased the property in
                       the court auction on behalf of Chunilal
                       Sowcar. He had, on his own volition, executed
                       the registered release deed (Ex. B-15) in
                       favour of Chunilal Sowcar regarding the
                       property in dispute. He knew that the
                       appellants had paid the total decretal amount
                       to his master Chunilal Sowcar. Without
                       disclosing all these facts, he filed the suit for
                       the partition of the property on the ground that
                       he had purchased the property on his own
                       behalf and not on behalf of Chunilal Sowcar.
                       Non-production and even non-mentioning of
                       the release deed at the trial is tantamount to
                       playing fraud on the court. We do not agree
                       with the observations of the High Court that
                       the appellants-defendants could have easily
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                       produced the certified registered copy of Ex.
                       B-15 and non-suited the plaintiff. A litigant,
                       who approaches the court, is bound to produce
                       all the documents executed by him which are
                       relevant to the litigation. If he withholds a
                       vital document in order to gain advantage on
                       the other side then he would be guilty of
                       playing fraud on the court as well as on the
                       opposite party."


                       (ii) State of A.P. & Anr. Vs. T. Suryachandra Rao

          reported in 2005 SCC Online SC 1079, relevant paragraph no.

          8 of the judgment upon which reliance has been placed is being

          reproduced as under:-

                       8. By “fraud” is meant an intention to
                       deceive; whether it is from any expectation of
                       advantage to the party himself or from ill-will
                       towards      the    other    is     immaterial.   The
                       expression “fraud” involves two elements,
                       deceit and injury to the person deceived.
                       Injury is something other than economic loss,
                       that is, deprivation of property, whether
                       movable or immovable, or of money, and it
                       will include any harm whatever caused to any
                       person in body, mind, reputation or such
                       others. In short, it is a non-economic or non-
                       pecuniary loss. A benefit or advantage to the
                       deceiver, will almost always cause loss or
                       detriment to the deceived. Even in those rare
                       cases where there is a benefit or advantage to
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                       the deceiver, but no corresponding loss to the
                       deceived, the second condition is satisfied.
                       [See Vimla (Dr.) v. Delhi Admn. and Indian
                       Bank v. Satyam Fibres (India) (P) Ltd."



                       (iii) Rama Sahni and Anr Vs. The State of Bihar

          and Ors. reported in (2010) 1 PLJR 499 relevant paragraph

          no.11 of the judgment upon which reliance has been placed is

          being reproduced as under:-

                       "11. The facts aforesaid indicate that the
                       petitioners have got an order in their favour
                       by suppressing certain relevant facts with
                       respect to this case. The claim of the
                       petitioners that their ancestors and thereafter
                       the petitioners have been in possession over
                       the lands since 1922 is apparently falsified by
                       the facts that the lands have passed through
                       several hands and it was as far back as in the
                       year 1922 that the petitioners' forefathers
                       were inducted as bataidars. It is also apparent
                       that after the mortgage was redeemed, the
                       forefathers of the petitioners were not retained
                       as bataidars and as such it is difficult to
                       believe that after a gap of several decades,
                       they have filed an application claiming that
                       they are the bataidars of the lands more so
                       when their application under Section 48(E) of
                       the Act has been rejected. It is true that a
                       second revision application will not lie in view
                       of the amendment in the Act, however, the
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                       Court cannot ignore and shut its eyes to the
                       facts that have been brought on record. It is
                       well settled principle of law that fraud vitiates
                       all actions and once it is noticed by the Court
                       that there is suppression of facts and orders
                       have been obtained by one or the other party
                       by such suppression of a relevant document,
                       as in this case, this Court cannot justify or
                       uphold the orders so obtained. The very basis
                       of the claim for possession and title in this
                       case is that the petitioners claim to be
                       bataidars and as such they have had prayed
                       that the jamabandi of the respondents be
                       cancelled and their names be entered in the
                       Register-II. If it was brought to the notice of
                       the Land Reforms Deputy Collector that the
                       petitioners have lost their claim of being
                       bataidars, and their application was rejected
                       by a competent authority under Section 48E of
                       the Bihar Tenancy Act, the Land Reforms
                       Deputy Collector could not have entertained
                       their application for cancellation of the
                       jamabandi.


                       3. On the other hand, learned counsel appearing for

          the O.P. No.7 submits that there was no suppression on the part

          of this O.P. in the writ application no. 15622 of 2026 as the

          statements made in the paragraph nos. 7, 8, 9 and 10 were based

          on the Annexures, which were also filed with the writ

          application.
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                       4. Mr. Nagendra Prasad Yadav, learned counsel

          appearing for the State-respondents, submits that State has filed

          its counter affidavit in this review application and no

          suppression of the relevant facts was made by the O.P. No.7 in

          the writ application no. 15622 of 2025.

                       5. Heard both the sides and perused the relevant

          materials. The provisions of Order XLVII Rule 1 of Code of

          Civil Procedure deal with the review jurisdiction of a Court and

          according to these provisions, an order can be reviewed, only in

          three circumstances:

                       i) discovery of new and important matter or evidence

          which, despite the exercise of due diligence, was not within the

          knowledge of the applicant or could not be produced by him at

          the time when the order was passed.

                       ii) mistake or error apparent on the face of the record.

                       iii) any other sufficient reason.

                       6. The petitioner's counsel has mainly taken the

          ground for review that the O.P. No.7 made false statements

          mentioned in the paragraph nos. 7, 8, 9 and 10 of the writ

          petition and thereby misleading this Court and the second

          ground is that the details of the Title Suit No. 1213 of 2023

          pertaining to the land in question were not disclosed by the said
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                    O.P. before this Court. After perusing the paragraph nos. 7, 8, 9

                    and 10 of the writ petition, this Court finds that the statements

                    made therein were based on the Annexures and further, by the

                    order dated 14.10.2025, this court simply directed the D.C.L.R.

                    Ara to ensurer compliance with his own order as per the

                    provisions of law and admittedly, at that time, the said order was

                    not under challenge before any other competent Court. This

                    court finds no substance in the aforesaid grounds as firstly the

                    statements made in the said paragraphs relate to the facts based

                    on the Annexures and secondly, they relate to the contents of

                    those Annexures and this Court is of the view that the O.P. No.7

                    did not mislead this Court while making submissions based on

                    these Annexures and accordingly, this Court finds no merit in

                    this review application, so, it stands dismissed.



                                              (Shailendra Singh, J)


Rajiv/-

U


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