Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleadings - Misrepresentation, fraud, breach of trust, wilful default or undue influence - O.6.R.4 CPC provides that dates and items in relation to plea of misrepresentation, fraud, breach of trust, wilful default or undue influence shall be mentioned in the plaint...........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleadings - Fraud, misrepresentation and undue influence - Gift deed - Plaint did not contain full particulars of alleged fraud, misrepresentation and undue influence except plaintiff pleading that deceased/donor was addicted to alcohol - Plaintiffs are admitting about execution of registered gift deed in favour of defendant,..........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleading - Misrepresentation, fraud or undue influence - To be pleaded with particulars, dates and items in the pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Fraud - Pleading and proof - A person who seeks to set aside a document or a judgment and decree on ground of fraud has to plead facts constituting fraud and has to prove those allegations akin to a criminal charge beyond shadow of reasonable doubt...........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleadings - Fraud and misrepresentation - Vague or general plea can never serve purpose of O.6.R.4 CPC - Party pleading is required to plead precise nature of influence exercised, manner of use of influence and unfair advantage obtained by other...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 4(2) -- Amendment of written statement sought by defendant impleaded as legal representative - Legal representative impleaded as defendant can file additional written statement or raise pleas which deceased could have raised except those which were personal to the deceased defendant -..........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Plea of fraud - Agreement to sell - Defendant woefully failed to give particulars of fraud alleged - There was thus, no strong basis in the pleadings about fraud - If really fraud was committed on defendant, certainly defendant and his sons would have not kept silent - Their conspicuous silence itself shows that agreement to..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 4 -- Amendment of written statement - L.R's of deceased defendant cannot amend written statement and raise a plea which his predecessor failed to raise till trial commenced, unless it is shown that in spite of due diligence deceased defendant or his L.R's could not bring on record the..........
Civil Procedure Code, 1908, Order 6, Rule 4, Indian Contract Act, 1872, Section 17 -- Fraud - It must be proved and not merely alleged and inferred - A mere concealment or non disclosure without intent to deceive or a bald allegation of fraud without proof and intent to deceive does not render a decree obtained by a party as fraudulent...........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Plea of fraud and misrepresentation - To be specifically pleaded and proved - Onus is on the party setting up a plea of misrepresentation to prove it...........
