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1 - 2 of 2 (0.61 seconds)Bishundeo Narain And Another vs Seogeni Rai And Jagernath on 4 May, 1951
In Bishnudeo Narain v. Seogeni Rai and Ors. , the Supreme Court held that in cases of fraud, undue influence and coercion, the parties pleading them must set forth full particulars and the case can be decided on the particulars as laid, and that there can be no departure from them in evidence, and that general allegations are insufficient even to amount to an averment of fraud of which any Court ought to take notice, however strong the language in which they are couched may be. In this case except making a bald allegation there is no positive proof of the alleged fraud. For nearly fourteen years appellant did not take any steps to set aside Ex.A-1. A reading of the written statement of first defendant shows that even on the date of Ex.A-1 he knew that 1st respondent was playing fraud on him. Then an ordinary prudent man he ought to have taken steps to set aside Ex.A-1 within three years from the date of Ex.A-1. He did not do so. So, after more than a decade subsequent to Ex.A-2, by baldly alleging in his written statement that Ex.A-1 was obtained by fraud, appellant cannot get over Ex.A-1.
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