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1975 Supreme(Online)(Bom) 8

BOMBAY HIGH COURT
, J
Venutai Motiram Ghongde v. Sadashiv Parashramji Madghe and Others


Table of Content
1. the plaintiff contends fraud and seeks title declaration. (Para 1 , 2 , 5)
2. discussion on rules governing suits and dismissals. (Para 3 , 10 , 12 , 14)
3. the court assesses implications of prior suit dismissal. (Para 4 , 6 , 18)
4. determination regarding applicability of order ix, r. 9 bar. (Para 19)
5. appeal is allowed; case is remitted for decision on merits. (Para 20)

1. The present appeal has been filed by the original plaintiff, whose suit has been held to be barred by the provisions of Order IX , R.9. Civil Procedure Code.

2. The present plaintiff filed a suit for declaration on the basis of a title and seeking possession of field Survey No. 217/2, situated at Mouza Yeoli, district Amravati. She alleged that defendant No. 1 one Sadasheo, had practised fraud on her and made her sign a general power of attorney in his own favour which included power to transfer her property too. Accordingly, power of attorney was got executed from her on December 15, 1959. She further alleged that acting under the said fraudulent power of attorney, defendant No. 1 purported to execute a sale deed on January 12, 1960 in favour of defendant No. 2, one Bhaskar Bobde. It is her c






























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