Doctrine of Pari Delicto -What it is?
Doctrine of Pari Delicto:—
The doctrine of pari delicto is to add insult to injury and to negate the very purpose of the provision designed for his protection. The doctrine of pari delicto is not designed to reward the “wrongdoer” or to penalize the “wronged”, by denying to the victim of exploitation access to justice. The doctrine is attracted only when none of the parties is a victim of such exploitation and both parties have voluntarily and by their free will joined hands to flout the law for their mutual gain. (Para 4), Mohd. Salimuddin v. Misri Lal, (1986) 2 SCC 378, 380.
See. Mohd. Salimuddin vs Misri Lal And Another, 1986 AIR 1019
The doctrine of pari-delicto is not designed to reward the 'wrong-doer' or to penalize the 'wronged', by denying to the victim of exploitation access to justice. The doctrine is attracted only when none of the parties is a victim of such exploitation and both parties have voluntarily and by their free will joined hands to flout the law for their mutual gain.
In Xenitis Infotech Pvt. Ltd vs Swarna Sathi Dealers Pvt. Ltd, 2010 SCC OnLine Cal 905 that it was observed that “In effect, the company invokes the maxim “in paridelicto potior est conditio defendentis”. The company relies on a judgment reported at AIR 1968 SC 534 (Sita Ram v. Radha Bai) and submits that the three exceptions to cases where the maxim applies would not be available to the petitioner in either case. The Supreme Court recognised the exceptions to be:(a) where the illegal purpose has not yet been substantially carried into effect before it is sought to recover money paid or goods delivered in furtherance of it; (b) where the plaintiff is not in pari delicto with the defendant; and, (c) where the plaintiff does not have to rely on the illegality to make out his claim.”