Order VI Rule 4 CPC – Fraud, Misrepresentation Or Undue Influence Can’t Be Proved If Specific Pleadings Are Absent
Case: Placido Francisco Pinto (D) by LRs & Anr vs Jose Francisco Pinto & Anr
Coram: Justice Hemant Gupta, Justice V. Ramasubramanian
Case No: Civil Appeal No.1491 of 2007
Court Observation: “… in terms of Order VI Rule 4 of the Code,in all cases in which the party pleading relies on any misrepresentation, fraud, or undue influence shall state in the pleadings the particulars with dates and items in the pleadings. The extract from the written statement or the plaint does not show that there is any pleading of misrepresentation or fraud”
“The respondents have not alleged any fraud in their suit or in the written statement in the suit filed by appellant No. 1. The feigned ignorance about the nature of document cannot be said to be an instance of fraud. In the absence of any plea or proof of fraud, respondent No.1 is bound by the written document on which he admitted his signatures and of his wife”
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