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Doctrine of Pari Delicto

April 3, 2023

By Dr. Y. Srinivasa Rao, Principal Assistant Sessions Judge, TIrupati.

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.

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