Paragraph numbers below are the court’s original numbering, recovered from the source text.
45. We can safely affirm, drawing from our joint experience on the Bench, that in the vast majority of cases seeking invocation of the provisions of the Act for an alleged civil contempt, institution of proceedings is through a petition or an application containing information made available by a party alleging that the facts disclosed by him do constitute contempt of court and, thus, provide the court the premise for initiating proceedings to commit for contempt. The role of such a party, who brings a petition for contempt and activates the court’s machinery, is merely that of an informer. Despite such a party figuring in the memo of parties as a petitioner, the matter relating to entertainment of his petition and the punishment to be imposed, in case of a proved contempt, relate to the exclusive jurisdiction and authority of the high courts to punish for contempt and is substantially a matter between the court and the alleged contemnor. Whether or not to take the assistance of the petitioning informer is a question which invariably must be left entirely to the discretion of the court seized of the proceedings. 1106
46. In exercising its jurisdiction to punish for contempt, the courts in India do keep in mind the benefit that could accrue to the petitioning informer (if he is a party to the parent proceedings out of which the contempt arises) upon implementation of the order alleged to have been wilfully disobeyed; but more than anything else, the endeavour is to uphold the majesty, dignity and prestige of the courts. Indubitably, the jurisdiction to punish for contempt is exercised when the alleged contemnor, by his action(s), shows extreme lack of solicitude in complying with an order of court, which has attained finality and is binding on him. So long a final order passed by a court is not set aside in appeal/revision or recalled in exercise of review jurisdiction or an interim order is vacated at a subsequent stage of the proceedings, it continues to bind the parties to the proceedings and it would amount to subversion of the rule of law if any party, in breach, were encouraged to continue such breach. An order of a court has to be complied with and it would not amount to a valid defence that in the contemnor’s own understanding or because of legal opinion tendered to him, the order did not warrant compliance being erroneous. This Court in Commissioner, Karnataka Housing Board v. C. Muddaiah 38 has held that once a direction has been issued by a competent court, it has to be obeyed and implemented without reservation; the order of the court cannot be rendered ineffective on the specious plea that no such direction could have been given by the court. A party, though perceiving an order to be erroneous, allowing it to attain finality by reason of acceptance thereof cannot escape the rigours of compliance. He has to pursue his appellate or other remedy to escape the consequences that can visit him, should the high court hold him guilty of contempt. Such a compliance is insisted upon for securing the majesty, dignity and prestige of the court.
47. Insofar as an interim order is concerned, despite an element of contempt being involved, if a defence appearing to be valid in law and having substance is raised before the high court by a party in default which shakes the very foundation of the order alleged to have been violated and upon the high court reaching a satisfaction of such a defence being valid to the extent that the subject order ought not to have been passed, it would always be open to the said court, depending on the nature of order and the breach alleged, to first [2007] 9 SCR 784 : (2007) 7 SCC 689 [2024] 7 S.C.R. S. Tirupathi Rao v. M. Lingamaiah & Ors. secure compliance of the order by allowing the contemnor to purge the contempt without prejudice to his rights and contentions and, after such compliance, to revisit the order as per law and the circumstances present before it and then pass appropriate orders. There could be exceptional situations where the consequences of complying with an interim order, apparently erroneous or without jurisdiction and which has attained finality, could bring about irretrievable consequences. In such a case, where the high court is satisfied that securing compliance of its order would cause more injustice than justice, notwithstanding the finality attached to such order, the high court’s authority ought to be conceded to pass such order as the justice of the case before it demands.
48. Lord Denning in Hadkinson v. Hadkinson 39 had observed: “The court would only refuse to hear a party to a cause when the contempt impeded the course of justice by making it more difficult for the court to ascertain the truth or to enforce its orders and there was no other effective means of securing his compliance. The court might then in its discretion refuse to hear him until the impediment was removed or good reason was shown why it should not be removed.”
49. This decision was followed by the House of Lords in X Ltd. v. Morgan-Grampian Ltd.40 which also observes that the court will proceed with the contempt where a contemnor not only fails willfully and contumaciously to comply with an order of the court, albeit makes it clear that he will continue to defy court’s authority. The courts in such circumstances may decline to entertain an appeal or hear a party unless they purge themselves.
50. It will be appropriate here to also quote from Halsbury’s Laws of England,41 which states: “Thus a party in contempt may apply to purge the contempt, he may apply with a view to setting aside the order in which his contempt is founded, and in some cases he may be entitled to defend himself when some application 1952 (2) All ER 567 1990 (2) All ER 1 Volume 8, Third Edition 1108 is subsequently made against him. Even the plaintiff in contempt has been allowed to prosecute his action, when the defendant had not applied to stay the proceedings. Probably the true rule is that the party in contempt will not be heard only on those occasions when his contempt impedes the course of justice and there is no other effective way of enforcing his obedience.”
51. This Court In the Matter of Anil Panjwani 42 has observed that it is no rule of law and certainly not a statutory rule that a contemnor cannot be heard unless the contempt is purged. It has only developed as a rule of practice for protecting the sanctity of the court proceedings and the dignity of the court that a person who is prima facie guilty of having attacked the court may be deprived of the right of participation in the hearing lest he should misuse such an opportunity unless he has agreed to disarm himself. The court would not be unjust in denying hearing to one who has shown his lack of worth by attacking the court unless he has agreed to beat a retreat and the court is convinced of the genuineness of such retreating. It lies within the discretion of the court to tell the contemner charged with having committed contempt of court that he will not be heard and would not be allowed participation in the court proceedings unless the contempt is purged. This is a flexible rule of practice and not a rigid rule of law. The discretion shall be guided and governed by the facts and circumstances of a given case. Where the court may form an opinion that the contemner is persisting in his behaviour and initiation of proceedings in contempt has had no deterrent or reformatory effect on him and/or if the disobedience by the contemner is such that so long as it continues it impedes the course of justice and/or renders it impossible for the court to enforce its orders in respect of him, the court would be justified in withholding access to the court or participation in the proceedings from the contemner. On the other hand, the court may form an opinion that the contempt is not so gross as to invite an extreme step as above, or where the interests of justice would be better served by concluding the main proceedings instead of diverting to and giving priority to hearing in contempt proceeding the court may proceed to hear both the matters simultaneously or independently of each other or in such as it may deem proper. [2003] 3 SCR 1179 : (2003) 7 SCC 375 [2024] 7 S.C.R. S. Tirupathi Rao v. M. Lingamaiah & Ors.
52. Therefore, it would be correct to state that the court’s power when dealing with the question of contempt, in a sense, is discretionary. It cannot be gainsaid that even in cases where disobedience of the order of the court is not disputed, the court may also accept a defence, if raised, of impossibility to comply with an order and come to the conclusion that since it is impossible to enforce its order, action to punish may not be initiated. That apart, refusal may be justified by grave concerns of public policy. Much would depend on the facts and circumstances of the case, the nature of the contempt under enquiry, etc., which would enable the court to exercise its discretion either way. However, to demonstrate his bona fide, the contemnor ought to bring any valid defence for his disability to comply with the court’s direction to its notice without wasting any time. Whatever be the position before it, nothing stands in the way of the high court from passing an order to ensure that nothing impedes the course of justice.
53. Reverting to the point of limitation, even in case of a petition disclosing facts constituting contempt, which is civil in nature, the petitioner cannot choose a time convenient to him to approach the Court. The statute refers to a specific time limit of one year from the date of alleged contempt for proceedings to be initiated; meaning thereby, as laid down in Pallav Sheth (supra), that the action should be brought within a year, and not beyond, irrespective of when the proceedings to punish for contempt are actually initiated by the high court.
54. An action for contempt – though instituted through a petition or an application – is essentially in the nature of original proceedings, as held by this Court in High Court of Judicature at Allahabad v. Raj Kishore Yadav;43 a fortiori, a prayer for condonation of delay in presenting the petition/application alleging contempt would not be maintainable. The express negative phraseology used in section 20 of the Act, as a legislative injunction, places a fetter on the court’s power to initiate proceedings for contempt unless the petition/application is presented within the time-frame stipulated therein. However, since section 20 also uses the expression “date on which the contempt is alleged to be committed” as the starting point of the period of one year to be counted for reckoning whether the petition/application has been presented within the stipulated period, the high courts ought [1997] 2 SCR 429 : (1997) 3 SCC 11 1110 to be wary of crafty and skilful drafting of petitions/applications to overcome the delay in presentation thereof.
55. The Act, which is a special law on the subject of contempt, does not expressly or by necessary implication exclude the applicability of sections 4 to 24 of the 1963 Act. This Court, in State of West Bengal v. Kartick Chandra Das 44 has held that in terms of section 29(2) of the 1963 Act, provisions contained in section 5 of the 1963 Act can be called in aid by a party who seeks condonation of delay in presentation of an appeal under section 19(1) of the Act. Similarly, in exceptional cases, provisions like sections 12, 14, 17, 22, etc. of the 1963 Act could be invoked to seek exemption from the law of limitation, which is distinct from condonation of delay. In an appropriate case, it would be open to the party who has not petitioned the court within the period of one year, as stipulated in section 20 of the Act, to seek exemption from the law of limitation in line with the principle flowing from Order VII Rule 6, CPC,45 by showing the ground upon which such exemption is claimed. We have no hesitation to hold that in a case where a civil contempt is alleged by a party by referring to a “continuing wrong/breach/ offence” and such allegation prima facie satisfies the court, the action for contempt is not liable to be nipped in the bud merely on the ground of it being presented beyond the period of one year as in section 20 of the Act. Applicability of the principle underlying Order VII Rule 6, CPC for granting exemption would only be just and proper having regard to the object and purpose for which the jurisdiction to punish for contempt is exercised by the courts if, of course, the court is satisfied that benefit of such an exemption ought to be extended in a given case. At the same time, it must be remembered that the court cannot grant exemption from limitation on equitable consideration or on the ground of hardship. Inspiration in this regard may be drawn from the decision of the Privy Council in Maqbul Ahmad v. Onkar Pratap Narain Singh.46 However, as observed earlier, contempt proceedings being in the nature of [1996] Supp. 2 SCR 373 : (1996) 5 SCC 342 Grounds of exemption from limitation law. – Where the suit is instituted after the expiration of the period prescribed by the law limitation, the plaint shall show the ground upon which exemption from such law is claimed: Provided that the Court may permit the plaintiff to claim exemption from the law of limitation on any ground not set out in the plaint, if such ground is not inconsistent with the grounds set out in the plaint. AIR 1935 PC 85 [2024] 7 S.C.R. S. Tirupathi Rao v. M. Lingamaiah & Ors. original proceedings, akin to a suit, application of section 5 of the 1963 Act to seek condonation of delay is excluded.
56. A caveat needs to be added here. For a “continuing wrong/breach/ offence” to be accepted as a ground for seeking exemption in an action for contempt, the party petitioning the court not only has to comprehend what the phrase actually means but would also be required to show, from his pleadings, the ground resting whereon he seeks exemption from limitation. Should the party fail to satisfy the court, the petition is liable to outright rejection. Also, the court has to be vigilant. Stale claims of contempt, camouflaged as a “continuing wrong/breach/offence” ought not to be entertained, having regard to the legislative intent for introducing section 20 in the Act which has been noticed above. Contempt being a personal action directed against a particular person alleged to be in contempt, much of the efficacy of the proceedings would be lost by passage of time. Even if a contempt is committed and within the stipulated period of one year from such commission no action is brought before the court on the specious ground that the contempt has been continuing, no party should be encouraged to wait indefinitely to choose his own time to approach the court. If the bogey of “continuing wrong/breach/offence” is mechanically accepted whenever it is advanced as a ground for claiming exemption, an applicant may knock the doors of the Court any time suiting his convenience. If an action for contempt is brought belatedly, say any time after the initial period of limitation and years after the date of first breach, it is the prestige of the court that would seem to become a casualty during the period the breach continues. Once the dignity of the court is lowered in the eyes of the public by non-compliance of its order, it would be farcical to suddenly initiate proceedings after long lapse of time. Not only would the delay militate against the legislative intent of inserting section 20 in the Act (a provision not found in the predecessor statutes of the Act) rendering the section a dead letter, the damage caused to the majesty of the court could be rendered irreparable. It is, therefore, the essence of justice that in a case of proved civil contempt, the contemnor is suitably dealt with, including imposition of punishment, and direction as well is issued to bridge the breach.
57. Having thus held, we move on to examine the objection as to maintainability of the contempt action initiated by the first respondent upon the inaction of the appellant in effecting mutation of the decretal property in his favour in the revenue records and also as to whether 1112 a case of “continuing wrong/breach/ offence” was at all shown by the first respondent in the contempt petition.
58. To recapitulate, the Single Judge had allowed the writ petition of the first respondent on 05th March, 2009 with a direction to the Tahsildar to effect the necessary mutation in the revenue records in accordance with the final decree dated 26th December, 2003. Pertinently, the direction issued to the appellant vide the order of disposal of the writ petition did not specifically mention a time-frame within which the order was to be implemented.
59. In view of the absence of a time-frame in the order, much would turn on rule 21 of the Writ Rules.47 Having read the relevant rule, we presume that the learned Single Judge was aware of such a rule and, hence, refrained from stipulating a time-frame for compliance of the Court’s order. Irrespective of any time-frame fixed in an order, the direction contained therein would require compliance within the period stipulated in rule 21 if the person responsible for such compliance has notice of it even aliunde.
60. The question of the contempt petition being barred by limitation has to be decided keeping section 20 of the Act and rule 21 of the Writ Rules in mind together with what constitutes a “continuing wrong/ breach/offence”. Undisputedly, the contempt petition was instituted on 04th October, 2014, more than 5 (five) years after the order (of which contempt had been alleged) was passed, i.e., on 05th March, 2009. Notably, the appellant had not carried the order dated 05th March, 2009 (disposing of the writ petition) in appeal. Therefore, question of operation of the said order remaining suspended did not arise and the principle embodied in section 15 of the 1963 Act was not attracted. The said order required the appellant to effect mutation in terms of the decree of the civil court. No time-frame for compliance of such order having been stipulated by the Single Judge, it would stand to reason that the same required compliance at least by the end of the time-frame stipulated by rule 21.
61. The appellant has asserted before us that the contempt action was time-barred in view of the fact that limitation for initiation of contempt action commenced on 04th May, 2009, i.e., when the two-month period Unless the court otherwise directs, the direction or order made or the rule absolute issued by the High Court shall be implemented within two months of the receipt of the order. [2024] 7 S.C.R. S. Tirupathi Rao v. M. Lingamaiah & Ors. stipulated by rule 21 expired and ended on 03rd May, 2010, i.e., in accordance with section 20 of the Act. However, the first respondent has contended that the contempt petition was not barred by limitation since the act of the appellant in not implementing the direction for effecting mutation was in the nature of a continuing wrong.
62. The date on which service of the order dated 05th March, 2009 disposing of the writ petition was effected on the appellant is not stated anywhere in the contempt petition by the first respondent. No such date is also reflected in the representations that the first respondent claims to have made on 11th May, 2009, 12th September, 2009, 22nd October, 2010, 16th August, 2012 and 05th February, 2014. It is also not seen from the appellant’s counter affidavit that he pleaded non-service of such order. We are, thus, inclined to the view that the appellant had notice aliunde of the order dated 05th March, 2009. Proceeding on the premise that the order must have been served immediately after the same was passed by the Single Judge and in the light of rule 21 of the Writ Rules, the appellant had 2 (two) months’ time from receipt of the order dated 05th March, 2009, i.e., say till the end of May, 2009 to implement the direction. The appellant failed to effect mutation, as directed, within the aforesaid time-frame and was, thus, in breach of the said order dated 05th March, 2009, say from June, 2009. There does not appear to be any explanation proffered in the contempt petition worthy of consideration as to why the contempt petition was delayed and not presented within the period of a year of commission of the breach when it first occurred, i.e., at least by the end of May, 2010.
63. The learned Single Judge deciding the contempt petition, vide order dated 04th October, 2017, was impressed by the arguments advanced by the first respondent and while holding that there has been a continuing wrong and also that the appellant is in contempt, allowed the contempt petition.
64. The Division Bench (review) held in favour of the first respondent observing that the inaction of the Government officials was a continuing wrong since they did not outrightly refuse to implement the order, rather, till as late as 2017, assured that they would implement it but failed to do so. Furthermore, what weighed with the High Court was the alleged misrepresentation with respect to the title of the subject land; such misrepresentation being in the nature of fraud, would entitle the High Court to recall the primary order on merits. The State 1114 authorities were held to have misrepresented the title of the suit land inasmuch as they took mutually contradictory stands, i.e., on the one hand it was argued that the subject land was escheated land, and on the other, it was argued, on the strength of revenue entries, that the subject land always belonged to the State. The High Court then went on to examine and interpret documents produced by the respondents for the first time and accorded title in favour of the respondents.
65. For reasons more than one, the impugned order allowing the contempt petition is indefensible.
66. First, having read the impugned order, we are quite convinced that submissions that were advanced before the Division Bench (review) of the order dated 05th March, 2009 being in the process of implementation had the undesirable effect of shifting the focus of the High Court from adjudging the maintainability of the contempt petition as on date the same was presented, i.e., 04th October, 2014, to the unacceptable fact of actual non-compliance of the order of 05th March, 2009 despite indication of compliance. No doubt, compliance of an order of the court has to be insisted upon but within the four corners of the contempt petition. Non-compliance coupled with an assurance in court to comply, after the court has issued notice on the contempt petition, is not sufficient to attract the principle of “continuing wrong/ breach/offence”. A contemnor on pain of suffering consequences for contempt may well give up available defences before the court and proceed to obey the order/direction, of which he is alleged to be in contempt; but if the jurisdiction to punish is otherwise barred, there is no law that prohibits the court from first proceeding to ascertain whether the jurisdiction is at all available to be exercised; and, when an objection of maintainability based on limitation is raised, it becomes all the more essential for the court to decide the objection leaving aside other considerations. The Division Bench (review), unfortunately, missed the woods for the tree.
67. Proceeding ahead, we find that as complex as the issues surrounding the title of the subject land are, the impugned order of the Division Bench (review) is unsustainable in law, for, it has exceeded its contempt jurisdiction, which indubitably is limited and finite in the sense that every court exercising power to punish for contempt ought to keep itself within the boundaries specified by the Act and the judicial pronouncements in this behalf. The laborious exercise undertaken to unravel the web of deeds and documents so as to determine the [2024] 7 S.C.R. S. Tirupathi Rao v. M. Lingamaiah & Ors. question of title was akin to an exercise undertaken by a court of first instance or first appeal and, thus, wholly unwarranted. It is of the utmost importance to remember that none of the documents produced by the first respondent answered the question as to whether the contempt petition was barred by limitation, which is the question the Division Bench (review) ought to have confined itself to, since it was only tasked with exercising review, and not appellate, jurisdiction.
68. In our considered view, it further becomes imperative to undertake an examination of the contempt petition itself. This exercise reveals that the primary grounds taken for the contempt petition being filed belatedly, inter alia, were the pendency of collateral proceedings and the continuous filing of representations before the Tahsildar by the applicants. Law is well-settled that the issue of limitation has to be considered with reference to the original cause of action. The period of limitation does not stand extended to the last of repeated representations made by a party, if filing of representation is not statutorily provided. The contempt petition is, however, entirely bereft of any pleading to the effect that the breach committed by the Tahsildar is in the nature of a continuing wrong or breach or offence, so as to overcome the bar of limitation set by section 20 of the Act read with rule 21 of the Writ Rules.
69. Despite the absence of any pleading as to “continuing wrong/breach/ offence”, the Single Judge by placing reliance on the decision in Firm Ganpat Ram Rajkumar v. Kalu Ram 48 proceeded to hold that the Tahsildar’s inaction constituted a continuing wrong, thereby saving the petition from being barred by limitation. The Division Bench (review) approached the matter in a similar manner, and concluded that the contumacious conduct alleged was in the nature of a continuing wrong.
70. While we are not in disagreement with the view expressed in Firm Ganpat Ram Rajkumar (supra) because of the special facts and circumstances obtaining therein, the decision of the Division Bench (review) affirming that of the Single Judge is wholly unsustainable in law for a few other reasons.
71. First, it is trite that the court cannot traverse beyond the pleadings and make out a case which was never pleaded, such principle having originated from the fundamental legal maxim secundum [1989] Supp. 1 SCR 223 : (1989) Supp. 2 SCC 418 1116 allegata et probate, i.e., the court will arrive at its decision on the basis of the claims and proof led by the parties. The assertion of the contumacious conduct being in the nature of a “continuing wrong/breach/offence” is factual and has to be borne from the pleadings on record. Law is, again, well-settled that when a point is not traceable in the pleas set out either in a plaint or a written statement, findings rendered on such point by the court would be unsustainable as that would amount to an altogether new case being made out for the party. Absent such pleading of there being a “continuing wrong/breach/offence”, the finding returned by the Single Judge, since affirmed by the Division Bench (review), cannot be sustained in law.
72. Even if a point of “continuing wrong/breach/offence” is traceable in the pleadings, the court ought not to accept it mechanically; particularly, in entertaining an action for contempt, which is quasi-criminal in nature, the court should be slow and circumspect and be fully satisfied that there has indeed been a “continuing wrong/breach/offence”.
73. This takes us to the other infirmity in the decision of the High Court inasmuch as it held that the disobedience of the mutation order by the appellant was in the nature of a continuing wrong. A reference to section 22 of the 1963 Act would be prudent at this stage. It reads: “22. Continuing breaches and torts – In the case of a continuing breach of contract or in the case of a continuing tort, a fresh period of limitation begins to run at every moment of the time during which the breach or the tort, as the case may be, continues.”
74. While proceeding to examine the nature of the contumacious conduct in question, it is considered apposite to commence the discussion with a reference to Halsbury’s Laws of India (Damages; Deeds and Other Instruments) 49 reading thus: “[115.032] When cause of action is single and continuing – A cause of action may be either single or continuing. When an act is final and complete and becomes a cause of action for injury to the plaintiff, it is single, arises once and for all and the plaintiff is entitled to sue for compensation at one time, for all past, present and future consequences of the Volume 9, First Edition [2024] 7 S.C.R. S. Tirupathi Rao v. M. Lingamaiah & Ors. wrongful act. But if there is repetition of a wrongful act or omission, it will comprise a continuing cause of action, and if an action is brought by the plaintiff, it will be restricted to recovery of damages which have accrued up to the date of suit. In such cases the cause of action is said to arise ‘de die in diem’ (from day to day). It is inaccurate strictly to speak of a ‘continuing cause of action’, but the phrase refers to a cause of action which arises from the repetition of acts or omissions of the same kind as that for which the action was brought.”
75. The English Court of Appeals in National Coal Board v. Galley 50 distinguished between the two scenarios by observing that neither do repeated breaches of continuing obligations constitute a continuing wrong nor intermittent breaches of a continuing obligation; rather there has to be present an element of continuance in both, the breach and the obligation.
76. This Court too, as far back as in 1958, with reference to the Limitation Act of 1908, discussed in Balkrishna Savalram Pujari v. Shree Dnyaneshwar Maharaj Sansthan 51 what would constitute a continuing wrong. The relevant passage reads thus: “20. *** s. 23 refers not to a continuing right but to a continuing wrong. It is the very essence of a continuing wrong that it is an act which creates a continuing source of injury and renders the doer of the act responsible and liable for the continuance of the said injury. If the wrongful act causes an injury which is complete, there is no continuing wrong even though the damage resulting from the act may continue. If, however, a wrongful act is of such a character that the injury caused by it itself continues, then the act constitutes a continuing wrong. In this connection it is necessary to draw a distinction between the injury caused by the wrongful act and what may be described as the effect of the said injury. It is only in regard to acts which can be properly characterised as continuing wrongs that s. 23 can be invoked.*** [1958] 1 All ER 9 [1959] Supp. 2 SCR 476 : AIR 1959 SC 798 1118 As soon as the decree was passed and the appellants were dispossessed in execution proceedings, their rights had been completely injured, and though their dispossession continued, it cannot be said that the trustees were committing wrongful acts or acts of tort from moment to moment so as to give the appellants a cause of action de die in diem. We think there can be no doubt that where the wrongful act complained of amounts to ouster, the resulting injury to the right is complete at the date of the ouster and so there would be no scope for the application of s. 23 in such a case.***” (emphasis ours)
77. The decision of this Court in Balkrishna Savalram Pujari (supra) was endorsed by this Court in M. Siddiq (Ram Janmabhumi Temple-5 J.) v. Suresh Das 52 wherein, while concluding that the ouster of shebaitship was a single incident and did not constitute a continuing wrong, this Court further observed as follows: “343. The submission of *** is based on the principle of continuing wrong as a defence to the plea of limitation. In assessing the submission, a distinction must be made between the source of a legal injury and the effect of the injury. The source of a legal injury is founded in a breach of an obligation. A continuing wrong arises where there is an obligation imposed by law, agreement or otherwise to continue to act or to desist from acting in a particular manner. The breach of such an obligation extends beyond a single completed act or omission. The breach is of a continuing nature, giving rise to a legal injury which assumes the nature of a continuing wrong. For a continuing wrong to arise, there must in the first place be a wrong which is actionable because in the absence of a wrong, there can be no continuing wrong. It is when there is a wrong that a further line of enquiry of whether there is a continuing wrong would arise. Without a wrong there cannot be a continuing wrong. A wrong postulates a breach of an obligation imposed on an individual, where positive or negative, to act or desist (2020) 1 SCC 1 [2024] 7 S.C.R. S. Tirupathi Rao v. M. Lingamaiah & Ors. from acting in a particular manner. The obligation on one individual finds a corresponding reflection of a right which inheres in another. A continuing wrong postulates a breach of a continuing duty or a breach of an obligation which is of a continuing nature. … Hence, in evaluating whether there is a continuing wrong within the meaning of Section 23, the mere fact that the effect of the injury caused has continued, is not sufficient to constitute it as a continuing wrong. For instance, when the wrong is complete as a result of the act or omission which is complained of, no continuing wrong arises even though the effect or damage that is sustained may enure in the future. What makes a wrong, a wrong of a continuing nature is the breach of a duty which has not ceased but which continues to subsist. The breach of such a duty creates a continuing wrong and hence a defence to a plea of limitation.” (emphasis ours)
78. The order on the writ petition directed the appellant to effect mutation in the revenue records in favour of the first respondent, in accordance with the final decree. The direction for mutation having been issued on 05th March, 2009, the appellant had a period of 2 (two) months therefrom to effect such mutation, as stipulated by the Writ Rules, which we shall assume the appellant failed or neglected to comply without just reason. From 04th May, 2009, i.e., the starting point for the limitation period for initiation of contempt action to commence, till 10th February, 2014, i.e., the date of the filing of the contempt petition, the appellant failed to effect mutation, as ordered by the Single Judge. Could it be said that every day thereafter that the appellant did not effect mutation gave rise to a fresh cause of action so as to constitute a “continuing wrong/breach/ offence”? To our minds, the answer is a clear and unequivocal ‘NO’. Upon application of the test laid down by this Court in Balkrishna Savalram Pujari (supra) and M. Siddiq (supra), it is evident that when, by 04th May, 2009, the appellant failed to implement the direction of the High Court, the act of disobedience was complete as on that date itself. Every day thenceforth, the name of the first respondent continued to be absent from the revenue records but 1120 such absence could not be characterised as the injury or wrongful act itself; it was merely the damage which flowed from the standalone act of breach committed by the appellant – that of not effecting the mutation. The injury was not repetitive or in other words, did not arise de die in diem, but rather, it was the effect of the injury which continued till the date the first respondent presented the contempt petition on 10th February, 2014.
79. Having held that the nature of breach or offence committed by the appellant was not in the nature of a “continuing wrong/breach/offence”, the bar of limitation was rightly pressed by the Division Bench (original) to halt the claim of the first respondent at the threshold itself, since the period of limitation to initiate the contempt action ended at least by May end of 2010. The decision of the Division Bench (original) in dismissing the first respondent’s contempt petition as time-barred was unexceptionable and the Division Bench (review) acted illegally in reversing the same assuming the jurisdiction to review which, on facts and in the circumstances, was not available to be exercised.
80. The contempt petition was, thus, barred by limitation and no case for claiming exemption having been set up, the same deserved outright dismissal. EPILOGUE
81. Having answered the two legal issues and before recording our conclusion, we cannot resist reflecting on the point of fraud having vitiated the proceedings. This point, in turn, emerges because the Division Bench (review) erroneously held the State to have practised fraud; and this discussion is necessitated since, to the contrary, there seems to be sufficient reason to hold the first respondent responsible therefor. The writ petition, in the form the same had been presented by the first respondent, does evince clear suppression of a material fact bordering on fraud on court and having the potential to render it not maintainable. But to this too, there is a caveat. This question, though quite fundamental in nature, does not appear to have been argued by the appellant before the High Court and also before us. Thus, argument on the issue of maintainability of the writ petition not having been advanced before us by the parties, whatever we observe and record hereafter is merely an indication of the direction our decision would have taken, if such point were raised or argued. We may not be misunderstood of having decided a point without calling upon the parties to address on it. [2024] 7 S.C.R. S. Tirupathi Rao v. M. Lingamaiah & Ors.
82. The effect of suppression of a material fact on maintainability of a writ petition is too well known. But what is important is, whether suppression of a material fact in a writ petition amounts to fraud on court and whether an issue of maintainability based on suppression can be examined if the judgment and/or order of disposal of the writ petition has attained finality by reason of no appeal being carried therefrom.
83. This Court in Meghmala v. G. Narasimha Reddy 53 observed that suppression of any material fact/document amounts to a fraud on the court and every court has an inherent power to recall its own order obtained by fraud as the order so obtained is non est.
84. Quite recently, in K. Jayaram v. BDA,54 this Court held: “10. It is well-settled that the jurisdiction exercised by the High Court under Article 226 of the Constitution of India is extraordinary, equitable and discretionary and it is imperative that the petitioner approaching the writ court must come with clean hands and put forward all facts before the court without concealing or suppressing anything. A litigant is bound to state all facts which are relevant to the litigation. If he withholds some vital or relevant material in order to gain advantage over the other side then he would be guilty of playing fraud with the court as well as with the opposite parties which cannot be countenanced.” (emphasis ours)
85. It is also settled law that fraud is an extrinsic collateral act, which vitiates the most solemn of proceedings including judicial acts and that a plea of fraud can be set up even in a collateral proceeding. We are reminded of what this Court said in S.P. Chengalvaraya Naidu v. Jagannath: 55 “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.” [2010] 10 SCR 47 : (2010) 8 SCC 383 (2022) 12 SCC 815 (1994) 1 SCC 1 1122
86. The Division Bench (original) noted that the civil suit having been withdrawn against the State, the first respondent could not have validly attempted to obtain a direction, through the medium of the writ petition, on the strength of a decree passed in such a suit where the State was no longer a party, yet, the Division Bench (review) held the State to have practised fraud.
87. A perusal of the averments in the writ petition do not reveal any mention of the civil suit having been withdrawn against the State Government. Suppression of a material fact on the part of the first respondent is indeed discernible which, if pleaded, could have altered the outcome of the writ petition. A very innocuous prayer was, however, made for effecting mutation in terms of the final decree, without disclosing that mutation was being asked for in respect of a piece of land over which the State itself had been claiming title and that the civil suit was withdrawn faced with such a claim of the State. A writ court being a court of equity, it is needless to observe that the parties are bound to approach the court with clean hands. Inasmuch as the aforesaid fact of withdrawal was not brought to the writ court’s notice, an egregious breach of such principle is noticed. Suppression of such a material fact, as in the present case, could legitimately be argued to amount to a fraud on court. There can hardly be two opinions that such breach would strike at the very root of the matter and since a point of fraud can be raised even collaterally, if the point of fraud had been raised, the writ petition itself could have been held non-maintainable.
88. However, since our decision is premised on the reasons assigned while answering the issues formulated in paragraph 8 (supra), we wish to say no more. CONCLUSION
89. For the foregoing reasons, we conclude that the High Court exceeded both its review and contempt jurisdiction. The impugned order is, thus, set aside, and the judgment and order of the Division Bench (original) in the contempt appeal and the letters patent appeal is restored.
90. The appeals succeed and are allowed. All pending applications stand disposed of. Parties shall, however, bear their own costs.
91. Determination of the title to the subject land, adjudication on the validity of the decrees in favour of the respondents, or decision on any other contentious issue are left open for a forum of competent jurisdiction to embark upon, if approached by any of the parties. None [2024] 7 S.C.R. S. Tirupathi Rao v. M. Lingamaiah & Ors. of the observations of this Court, or of the High Court in the impugned order should be treated as an expression of opinion in any particular matter or on any factual aspect whatsoever. CIVIL APPEAL NOS. ___________ OF 2024 [ARISING OUT OF SLP (CIVIL) NOS. 19748-19749 OF 2022]
92. Leave granted.
93. These appeals assail the common judgment and order dated 26th September, 2022 of the High Court dismissing petitions56 preferred by the appellant, seeking recall of the judgment and order dated 27th April, 2022 of the Division Bench (review). The High Court held that the recall petitions were review petitions in disguise; thus, the impugned judgment and order was upheld in view of the specific statutory bar of Order XLVII Rule 9, CPC.
94. The judgment and order 27th April, 2022 having been set aside for the reasons assigned above while allowing the civil appeals arising out of SLP (Civil) Nos. 19748-19749 of 2022, the order of the High Court dated 26th September, 2022 assailed in these appeals upholding the same can no longer stand. Resultantly, the impugned order is set aside. The present appeals succeed and are allowed on the same terms as the appeals decided hereinabove. Result of the case: Appeals allowed. †Headnotes prepared by: Mukund P Unny, Hony. Associate Editor (Verified by: Shadan Farasat) I.A. No. 3/2022 in Review I.A. No. 1/2020 in LPA 1/2018 and I.A. No. 10/2022 in Review I.A. No. 3/2020 in CA No. 33/2017