The Supreme Court has firmly condemned strategic manipulation of judicial processes, ruling that litigants cannot withhold claims or issues in one proceeding only to raise them later in another. This practice, the Court emphasized, amounts to an abuse of the legal system and undermines the finality of judgments.
Addressing a contempt petition linked to a mortgaged property auction by Union Bank of India, a bench comprising Justice JB Pardiwala and Justice Manoj Misra underscored that procedural tactics designed to revisit abandoned claims will not be tolerated.
“When a plea or issue is raised but later abandoned, it is deemed waived and cannot be revived in subsequent litigation,” the Court stated. “Such behavior not only erodes the integrity of judicial outcomes but also encourages misuse of legal procedures for tactical gain. Litigants are expected to present their complete case at the earliest opportunity, ensuring fair and diligent adjudication.”
The judgment highlighted that piecemeal litigation—where issues are deliberately fragmented to gain an unfair advantage—constitutes a violation of judicial principles. The Court clarified that merely initiating proceedings before different forums or slightly altering procedural nuances does not differentiate subsequent cases when the core issues remain connected.
This decision sends a strong message against procedural exploitation, reinforcing the need for accountability and good faith in the judicial process.
