Supreme Court · 2017 INSC 7 · Decided 2 January 2017
Harjas Ral Makhija (D) THR. LRS. v. Pushparani Jain & ANR.
- Court
- Supreme Court of India
- Citation
- 2017 INSC 7 · [2017] 1 S.C.R. 1
- Case number
- CIVIL APPEAL No. 11491/2016
- Decided
- 2 January 2017
- Bench
- MADAN B. LOKUR, ADARSH KUMAR GOEL (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Fraud - Suit alleging that the defendant had obtained decree A B in her favour fraudulently by non-disclosure of necessary and relevant facts or concealment of material facts - Held: A mere C concealment or non-disclosure without intent to deceive or a bald allegation of fraud without proof would not render a decree as fraudulent - It is only after evidence is led, coupled with intent to deceive, that a conclusion of fraud could be arrived at - Fraud must be proved and not merely alleged or inferred - The plaintiff had an opportunity to prove allegation of fraud in D the previous
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