A Mere Incorrect Averment In Affidavit Cannot Be Classified As Fraud: Madras HC [Read Order]

The Madras High Court recently held that a mere factual averment in the affidavit would not amount to defrauding the Court.

The observations were issued on a Petition for recall of an order passed by the Court in February this year, contending that the Respondents had defrauded the Court by making a factually incorrect averment.

This averment pertained to the nature of the area in a case alleging that the Petitioners had put up a huge commercial construction and had, inter alia, let it out to several shops in an area which is classified as residential zone.

They had now contended that the area in question was, in fact, a mixed residential zone and not a residential zone as averred in the original petition. They had, thereby, alleged that this factually incorrect averment amounted to fraud.

The Respondents, on the other hand, had submitted that this was an inadvertent error and that the area was, in fact, converted to a mixed residential zone only later.

Taking note of rival contentions, the Bench comprising Chief Justice Indira Banerjee and Justice M. Sundar, agreed with the Respondents and observed, "A mere incorrect averment in an affidavit or for that matter, that too in the nature of referring a mixed residential zone as residential zone cannot be classified as fraud. Obviously, it is not forgery."

It, thereafter, ruled, "Most importantly, the order that is being sought to be recalled is innocuous. We find absolutely no scope for entertaining this recall petition in the light of our narrative supra. We are also of the considered view, owing to all that we have stated supra, that the recall petition is bereft of merits. This recall petition fails and the same is dismissed."