specifically plead coercion and in any case the facts pleaded do not make out a case of coercion. Learned counsel for the respondent, however, submits ... Coercion is defined under Section 15 of the Indian Contract Act which reads as follows :
"15. "Coercion" defined.--"Coercion
also denies the allegation about
undue influence and coercion.
The defendant's case about the compromise is this. He
admits that the family ... every pice to himself."
We will deal with the case of coercion first. It will be
seen that the plaintiffs' case regarding that
better established
than any other, it is that in cases of fraud,
undue influence and coercion, the parties
pleading it must set forth full particulars ... attempt was made to rest the right to relief
on a case of coercion in the Courts below and in this Court.
The first part
some coercion, it could not be said to be a case of
established coercion. Three criminal complaints were filed, but
the appellants did not pursue ... rule of pleadings that in order to
make out a case of fraud or coercion there must be a) an
express allegation of coercion
about threat
and coercion of the appellants-Management and that the
workmen never intended to take the VSS. No doubt, the case
of appellants ... again a case arose under Section 33 of the Act and is,
therefore, close to the facts of the case before us.
Respondent/ employee complained
advocate which would be
paid to him shortly.
18.
It is the case of the petitioner that on 3 rd July 2001, after
having encashed ... their joint letter falsely
contended that the the petitioner had by coercion and undue influence
on one of the power of attorney holders
were finding it difficult to prosecute their cases out of their meagre resources. Under this pressure and coercion he succeeded in compelling the defendants ... particulars of the alleged coercion or undue influence had not been clearly stated.
At no stage was it the case of the plaintiff, that
point, no question of coercion properly so-called arises in this case. Coercion is defined in Section 15 of the Indian Contract ... alleged to have been committed or threatened in the present case. Therefore coercion may be put out of the question altogether. The question of undue
been paid, there could be no case of coercion in law.
(b) In any case, the parties were in pari delicto, and, therefore, the money ... criminal case did not amount to undue influence much less to coercion. The case here is entirely different. For, there is overwhelming evidence
deciding this case.
9. Since, the case of the deceased is that Exs.B1 and B2 were obtained under coercion, for cancelling ... result of coercion. Coercion cannot be inferred on the basis of the averments in the plaint alone without any evidence. In this case, there practically
