Supreme Court · 2004 INSC 460 · Decided 20 August 2004
A.C. Ananthaswamy and ORS. v. Boraiah (D) BY LRS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 460 · [2004] SUPP. 3 S.C.R. 649
- Case number
- CIVIL APPEAL No. 3768/2000
- Decided
- 20 August 2004
- Bench
- ASHOK BHAN, S.H. KAPADIA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 9; Specific Relief Act
Headnote
Code of Civil Procedure, 1908 : S. 9, Or. 9, r. 13-Suit for setting aside ex-parte decree, alleging C fraud-Application under Order 9, r.13 filed earlier dismissed-Fraud neither alleged in the application nor in revision-Held, fraud is to be pleaded and proved-On facts, except a bare allegation aside ex-parte decree on alleged ground of fraud not maintainable. Order Vl Rule 4-Fraud-Held, is to be pleaded and proved-An ambiguous statement cannot per se make the representor guilty of fraud. D Predecessor-in-interest of the appellants, having remained unsuccessful, upto revisional stage, in
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