Kuppuswami Naidu vs Varadappa Naidu and Others

Chandrasekhara Ayyar, J.—All that can be said for the petitioner at best is that the order of the lower Court is wrong. But this by itself will

not justify interference in revision u/s 115 of the Code. It was not a case of unintentional or accidental omission of assets, The Judge finds that it

was a fraudulent suppression. The argument that, even if the particular asset that has now come to light had been disclosed, it would not affect the

question of the alleged pauperism of the applicant does not take stock of the fact that the utmost bona fides is required of the petitioner in the

matter of the disclosure of his or her assets and that any intentional departure from good faith, whatever the motive might be, must attract the

consequence of a dismissal of the petition, because under Order 33, Rule 2 read with Order 33, Rule 5 (a) it is the bounden duty of the petitioner

to make a full and accurate verified statement about his properties. Mt. Chamela Kuar Vs. Pursottam Das and Others, was relied on for the

petitioner, but there the omission was held to be not an act of bad faith, and related to trifling movable properties-a couple of trunks and an

almyrah. The earlier case in Durga Prasad and Another Vs. Sriniwas Sureka and Another, . was sought to be distinguished on the ground that the

assets suppressed were of value and that their inclusion would have led to the dismissal of the petition. This distinction however is not sound on the

facts because even in that case there was the explanation of the pauper that the Value of the equity of redemption in certain properties was

worthless and that his interest in certain other properties was similarly of no value. The learned Judges proceed on the footing that, even if such

were the case, it was his duty to have made a full disclosure, and this is pointed out in more than one place in the course of the judgment of the

learned Chief Justice.

This petition is dismissed with costs.