LAW FOR ALL

MISTAKE OF FACT = The appellant challenged the order of punishment in Writ Petition No.2942 of 2010. He also filed an application for withdrawal of the suit which was allowed by the concerned Court on 23.02.2010. In paragraph 10 of the writ petition, the appellant disclosed the factum of pendency of the suit and averred that he had filed a writ petition questioning the order of punishment because the Civil Court had not granted injunction. However, the learned Single Judge dismissed the writ petition by assuming that the appellant had suppressed the fact relating to the suit filed in the Court of Civil Judge (Junior Division), Sonepat. The learned Single Judge relied upon the decision of this Court in Arunima Baruah vs. Union of India and others (2007) 6 SCC 120 and held that the appellant who was guilty of suppressing material facts was not entitled to relief under Article 226 of the Constitution.= Therefore, it must be held that the appellant had not suppressed the facts relating to the civil suit and dismissal of the application for temporary injunction and the learned Single Judge and the Division Bench of the High Court committed serious error by non-suiting him on the premise that he was guilty of not coming to the Court with clean hands. In the result, the appeal is allowed, the impugned order as also the one passed by the learned Single Judge are set aside and the writ petition filed by the appellant is restored to its original number. The High Court shall now decide the same on merits after giving opportunity of hearing to the parties.