Supreme Court · 2023 INSC 737 · Decided 17 August 2023
Ramathal and ORS. v. K. Rajamani (Dead) Through LRS. and ANR.
- Court
- Supreme Court of India
- Citation
- 2023 INSC 737 · [2023] 11 S.C.R. 348
- Case number
- CIVIL APPEAL No. 8830/2012
- Decided
- 17 August 2023
- Bench
- VIKRAM NATH, AHSANUDDIN AMANULLAH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
HEADNOTES Issue for consideration: The view of the High Court that before the Trial Court, there was neither any pleading nor any issue was framed with regard to the plea of non est factum and as such the First Appellate Court committed an error in determining the said plea in favour of the the plaintiff was dismissed. Suit - Plaintiff instituted suit for declaration as the absolute owners of the suit properties and also for consequential relief of permanent injunction on the ground that there was misrepresentation in the General Power of Attorney - Dismissed by trial
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