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DELHI HIGH COURT
NEENA BANSAL KRISHNA
Karishma Oberoi – Appellant
Versus
Ajay Kumar – Respondent
| Table of Content |
|---|
| 1. application for rejection of plaint. (Para 1 , 2) |
| 2. insufficient particulars of fraud. (Para 3 , 4 , 5) |
| 3. denial of fraud allegations. (Para 7 , 8 , 9) |
| 4. court's readiness to hear submissions. (Para 10 , 11) |
| 5. ownership and execution of sale deed. (Para 12 , 14) |
| 6. requirements for pleading fraud. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 7. analysis of fraud claims. (Para 22 , 24 , 25) |
| 8. constitution of ownership and lack of cause of action. (Para 26 , 27 , 28) |
| 9. mutual agreements and lack of particulars. (Para 29 , 30 , 31) |
| 10. rejection of suit. (Para 32 , 33) |
JUDGMENT
Neena Bansal Krishna, J.
I.A. 3703/2022 (U/O VII Rule 11 (a), (c) & (d) r/w Section 151 of CPC, 1908)
1. The present application under Order VII Rule 11 (a), (c) and (d) read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC, 1908") has been filed on behalf of the defendant No. 2/Abhishek Oberoi seeking rejection of the Plaint.
2. Facts in brief are that defendant No. 2 Abhishek Oberoi is the real brother of the plaintiff Karishma Oberoi and defendant No. 1 Ajay Kumar is her younger uncle (Phufa). The plaintiff has filed the present Suit for cancellation of the
Pleadings in fraud cases must detail specific particulars; general allegations do not suffice to establish a claim of fraud or misrepresentation.
The court affirmed that disputes regarding execution of decrees must be resolved by the executing court, and allegations of fraud must be substantiated with evidence.
A registered Sale Deed is conclusive and supersedes prior agreements unless fraud is specifically pleaded with particulars; allegations without detail are inadequate to support a claim.
The suit was rejected as it did not disclose a cause of action, reaffirming that non-payment of the entire sale consideration does not invalidate a sale deed.
Fraud vitiates all judicial acts; judgments obtained by fraud are null and void, as established in the Indian Contract Act, 1872.
The validity of a Sale Deed is not affected by non-receipt of the entire sale consideration, and the plaintiff's claim of fraud and coercion in obtaining the Sale Deed required specific details and p....
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