Supreme Court · 2009 INSC 388 · Decided 23 March 2009
Bellachi (Dead) BY LR v. Pakeeran
- Court
- Supreme Court of India
- Citation
- 2009 INSC 388 · [2009] 4 S.C.R. 823
- Case number
- CIVIL APPEAL No. 1785/2009
- Decided
- 23 March 2009
- Bench
- S.B. SINHA, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100; Constitution; Contract Act Section 16
Headnote
823 ., BELLACHI (DEAD) BY LR v. PAKE ERAN Civil Appeal No. 1785 of 2009 MARCH 23, 2009 . [S.B. SINHA AND DR. MUKUNDAKAM SHARMA, JJ] Code of Civil Procedure, 1908: A B s. 100 - Second appeal - Jurisdiction ofHigh Court - HELD: High Court can interfere with concurrent findings of two c courts as envisaged by s.100. Or 6 r 4 - Suit challenging a sale deed as vitiated by D misrepresentation, undue influence, fraud and collusion - HELD: The party alleging undue influence, fraud etc. must prove the same - Trial court as a/so the first appellate court having held that plaint did not
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