Limitation Act, 1963, Section 17 -- Where fraud has been committed by the decree holder and the judgment debtor did not have knowledge of the proceedings, S.17 is applicable...........
Court Fees Act, 1870, Section 7(iv)(c) -- Sale deed - Executed by practising fraud and on the basis of misrepresentation - Declaratory relief is not sufficient - Plaintiff has to ask for a consequential relief of cancellation of sale deed in order to avoid it - Plaintiff is required to pay ad valorem Court fee on the value of the sale-deed under S.7(iv)(c)...........
Limitation Act, 1963, Section 7, Civil procedure Code, 1908, Section 47 -- Minor - Decree against minor represented by Court guardian - Only remedy available to minor after attaining majority is to file a separate suit to challenge the decree on the limited grounds of fraud, collusion or negligence of the guardian ad litem - Otherwise he has no right to file objections u/s..........
Civil Procedure Code, 1908, Section 2(11) -- Legal representatives - Theory of substantial representation - In the absence of fraud or collusion or other vitiating circumstances the decree passed against the persons impleaded as heirs will be binding on the unimpleaded heirs...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement to withdraw admission already made - Once admission made - Cannot be withdrawn unless shown to be erroneous or patently wrong - Mere allegation that one of the defendants played fraud and got admission written statement filed - No allegation against plaintiff - Nothing to show as to how..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 6, Rule 4 -- Suit challenging compromise recorded by LPA Bench - Nothing to show that compromise arrived at before LPA Bench was outcome of fraud, coercion, undue influence or any misrepresentation or LPA Bench recording compromise had no jurisdiction - Separate suit not maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Purported signature of tenant in English on notice - Tenant does not know how to put signature in English - Fraud committed to obtain ex parte decree - Exparte decree set aside...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Land of J.D. attached - Said land shown to have been transferred to minor son of judgment debtor under mutation entry without executing any conveyance - Application for raising attachment filed by minor son allowed by Court without there being any evidence of title of transferee son - Respondent had played fraud..........
Civil Procedure Code, 1908, Section 47 -- Execution of exparte eviction decree - Objection that decree is obtained by playing fraud on objector - Not maintainable - Objector is free to file suit for getting exparte decree set aside on that ground...........
Agreement to sell -- Suit for specific performance - Alternative prayer for liquidated damages/compensation - No fault can be attributed to the plaintiff - Plaintiff was always ready and willing to perform his part of the contract and had gone to the Court complex with money on the appointed days - No averments of fraud pleaded - No allegation that plaintiff had breached..........
