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2015 Supreme(Del) 749

INDERMEET KAUR
R. S. Chhabra – Appellant
Versus
Gopal Krishan Kapoor – Respondent


Advocate Appeared:
For the Plaintiff:Sandeep Sethi, Senior Advocate with Chaman Lal Sachdeva, Preet Pal Singh, Priyam Mehta, Advocates
For the Defendants:Pritesh Kapoor, Radhika Sharma, Bina Gupta, Advocates

JUDGMENT :

1. These are three applications filed by the judgment debtor.

I.A. No. 2286/2010 (under Order XXIII Rule 3 of the Code)

2. This is an application filed by the judgment debtor under Order XXIII Rule 3 of the Civil Procedure Code, 1908 (hereinafter referred to as the ‘Code’); reliance has been placed upon the proviso; submission being that the consent decree passed by the Court on 20.03.2006 in CS (OS) No. 353/2006 was obtained under a mis-representation and fraud; submission of the plaintiff (R.S. Chhabra) in those pleadings that he was a valid assignee of Rajesh Kumar (defendant No. 6 in that suit) was a false and fraudulent averment; there was no valid assignment by defendant No. 6 in favour of the plaintiff. In the instant case, the deed of assignment dated 20.04.2005 was only an agreement which was yet to be followed up by another document and not being a complete deed of assignment and the whole case of the plaintiff being premised on this document and this being fully known to the plaintiff, he is guilty of mis-representation within the meaning of Section 18 of the Indian Contract Act. The consent decree passed on 20.03.2006 premised on this assignment deed suffering f





























































































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