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1 - 5 of 5 (0.33 seconds)The Code of Civil Procedure, 1908
Section 26 in The Code of Civil Procedure, 1908 [Entire Act]
Padhiyar Prahladji Chenaji vs Maniben Jagmalbhai (Deceased) Through ... on 3 March, 2022
51. When the plaintiff fails to prove the relief of
declaration as to the ownership of the suit schedule
property, the plaintiff is not entitled to seek the relief
of permanent injunction as against the true owner
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OS No. 9956/2015
Judgment
i.e. defendant No. 1 as held by the Hon`ble Supreme
Court of India in the case of Padhiyar Prahladi
Chenaji vs. Maniben Jagmalbhai 2022 SCC Online
SC 258. Hence the plaintiff cannot now canvas that
the plaintiff is in lawful possession over the same
since the plaintiff is not entitled to the relief of
declaration of ownership.
Special Land Acquisition Officer And ... vs Mariano Caetano Clarimundo Francisco ... on 28 September, 2004
57. If the fraud is pleaded by the plaintiff,
under such circumstances the particulars of fraud
has to be proved by leading cogent evidence. Mere
pleading of fraud without its particulars , the same
49
OS No. 9956/2015
Judgment
cannot be tenable in the eye of law. This cardinal
principle has been discussed by the Hon'ble Supreme
Court in the case of Placido Francisco Pinto (D) by
Lrs. and Another Vs. Jose Francisco Pinto and
Another reported in 2021 SCC Online SC 842 has
held that; "In terms of order VI Rule 4 of CPC in all
cases in which the party pleading relies on any
misrepresentation, fraud, or undue influence shall
state in the pleadings the particulars with dates and
items in the pleadings."
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