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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PANKAJ JAIN
Karan Singh – Appellant
Versus
Gawan Singh – Respondent
JUDGMENT :
Pankaj Jain, J. (Oral)
1. Plaintiff is in second appeal.
2. For convenience, the parties hereinafter are referred to by their original position in the suit i.e. the appellant as the plaintiff and the respondent as the defendant.
3. Plaintiff filed suit seeking decree of declaration to the effect that decreed dated 06.09.1974 passed in Civil Suit No.770 of 1974 titled as Gawan Singh vs. Ram Bux' by the Court of Sub Judge, 2nd Class, Gurgaon is invalid, illegal and void.
4. Plaintiff filed suit claiming that he is son of Ram Bux son of Umrao, who was co-owner in agricultural land bearing Rect. No.26, Killa No.7, admeasuring 8 Kanals situated in the revenue estate of Sohna, Tehsil and District Gurgaon. Ram Bux mortgaged suit land with one Beedhu son of Dulli. Beedhu sold away his mortgagee rights to the plaintiff and thus the plaintiff is owner in possession of the suit land. Plaintiff further claimed that it has come to his knowledge that there is a decree being claimed by defendant, dated 06.09.1974 in his favour. Defendant claims the decree to have been suffered by Ram Bux. The said decree is result of fraud and misrepresentation. Defendant played fraud upon the process of la
Written Statement – Assertion made in plaint is not a proof and burden lay upon plaintiff to prove facts and averments made in its plaint even if there is no written statement filed by defendants to ....
A consent decree obtained by fraud is a nullity and can be challenged in any court, reinforcing the principle that fraud vitiates all judicial acts.
Fraud - Fraud has been defined in Section 17 of the Contract Act to mean as Fraud means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his ag....
Consent decrees based on family settlements cannot be challenged on procedural grounds but only on proven fraud.
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