Lakshminarasamma (Dead) & ANR. Vs. Sagi Subba Raju & Ors.  INSC
914 (6 May 2009)
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (C) Nos.
20374-76/2004 Sunkara Lakshminarasamma and Anr. ...Petitioners Versus Sagi
Subba Raju and Ors. etc. ...Respondents
Dr. ARIJIT PASAYAT,
the matter was taken up on 3.2.2009, the Court passed the following order
"When the matter was taken up, Mr. M.N. Rao, learned senior counsel
brought to the notice that I.A.Nos. 9 to 11/2008 had been filed for transposing
the applicants as petitioners. It is also prayed that they may be transposed as
petitioner Nos. 2 and 3 from proforma respondent Nos. 2 and 5 in special leave
petition against the order in LPA No. No. 323/91. Petitioner Nos. 3 and 4 from
respondent Nos. 1 and 3 in special leave petition against the order in Appeal
too. 2959/2001 and Appeal No. 2960/2001.
This application is
filed on 8.5.2008. Thereafter, a statement was made on 25.8.2008 by learned
counsel for respondent 1 that the petitioner had died. Learned counsel wanted
to obtain further instructions in the matter. Thereafter it appears that a copy
of affidavit has been served on learned counsel for the petitioners as well,
some of the respondents that Sunkara Lakshminarasamma had died about 1 and 1/2
years earlier. The affidavit is dated 26.12.2008. A copy has been filed for our
record by learned counsel for the petitioner. An affidavit has been filed by
Sunkara lakshminarasamma which has been filed on 30th January, 2009 stating
that the affidavit filed by Sunkara Kamala is wrong and she is alive and a
false affidavit has been filed.
In view of the
aforesaid position, let notice be issued to Sunkara Kalama to show cause as to
why action shall not been taken against her for swearing a false affidavit for
the purpose of this case as is evident from the fact that copies thereof have
been served on learned counsel for the parties. Reply, if any, shall be filed
within two weeks. Personal presence is dispensed with for the present.
The matter shall be
listed on 24th February, 2009."
view of the statement made, notice was issued to Sunkara Kalama to show cause
as to why action shall not be taken against her for swearing a false affidavit
for the purpose of this case as is evident from the fact that the copies
thereof have been served on learned counsel for the parties. Reply was to be
filed within two weeks. At that stage personal appearance was dispensed with.
the matter was listed on 4.3.2009, in spite of the directions of this Court,
the respondent did not file any reply. This is apparently a clear case of
contempt as false affidavit has been filed. On 8.9.2008 it was brought to the
notice of this Court by Mr. A. Subba Rao, learned counsel for the petitioners
that after verification from his clients he has ascertained that Mrs. Sunkara
Lakshminarasamma and Thavvala Divya Sarojini Kasidevi are alive.
affidavit which has been filed on 26.12.2008 states as follows:
"I, Smt. Sunkara
Kalama @ Dorasani W/o late S. Veeraswamy R/o Bhimavaram, Distt. East Godhavari
do hereby solemnly affirm and state on oath as follows:
1. I am the
daughter-in-law of Sunkara Lakshminarasamma.
I am well conversant
with the facts, records and circumstances of the case. Hence I am competent to
swear in this affidavit.
2. I say that my
mother-in-law had died one year and six month ago. I have filed an application
for transposing as a petitioner in the above special leave petition and state
that the averments facts made therein are true to my knowledge and information
derived from the record of the case.
3. I say that the
averments of facts stated herein above are true to my knowledge and no part of
it is false and nothing material has been concealed there from.
3 Verified at
Bhimavaram on this 26th day of December, 2008"
the statements made by learned counsel for the petitioners that those whom the
contemnor has named as dead are alive there is no denial of the statements.
Opportunity was granted to the concerned respondents to clarify the position
but that has not been done.
application was made for transposition as petitioners in the special leave
petitions. In view of the apparent false statement stated in the affidavit, it
is clear that the application filed and the affidavit thereafter re- affirming
the position were not done bona fide. That being so, the applicants on the face
of it are guilty of contempt of this Court. Exemplary costs of Rs.25,000/- is
imposed. The amount shall be deposited in this Court within a period of two
months. If the amount is not paid the contemnor shall suffer simple
imprisonment for three months.
(Dr. ARIJIT PASAYAT)
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