entire transaction and both sale deeds were vitiated by fraud and non-est factum. The question arises for consideration is as to whether the parties ... fraud and non-est factum. It is settled proposition of law, that the principle relating to non-est factum which was made applicable to
pardanashin
filing non-est. The Rule carefully refers to striking out
OMP(COMM) 26/2019 Page 7 of 39
pleadings and not declaring them non-est ... fatal so as to declare
the filing of the petition as non-est. Vakalatnama is required to be filed
as per provisions of Chapter
therefore, it is a non-est filing. In
the recent past, the issue of non-est filing has been considered in several
judgements of this ... petition as 'non-est'. This, in my view,
would be an incorrect understanding of the judgements on non-est filing.
The thread that
held that a petition filed without vital documents would be a non-est
filing and would be treated as validly filed only when ... petition must be a proper filing
and not a non-est filing. Through several judicial pronouncements, the
parameters of proper filing have been clearly laid
between the
plaintiff and defendant No.1 as null and void non-est in
the eyes of law and was never acted upon ... between the plaintiff and defendant No.1 as null and void
non-est in the eyes of law, and/or
(e) Pass a decree
Maxims – principles of non est factum –
Principles relating to non est factum is
applicable to illiterate women also – Person
pleading non est factum should ... Sections
101 to 104 – Burden of proof – Plea of non-est
factum – When plea of non-est factum is taken
by plaintiff, entire burden lies
filing as
done on October 01, 2019 was in fact non-est and amounted to nothing
more than a bunch of papers ... which
(collectively and individually) render a filing as non-est in law
31. The Counsel further submitted that even if there was a filing
made
power deed; the non-framing of issue relating to "non-
est factum" is not fatal to the case as the first appellate Court ... non-est
factum were not put to them and in such a case, the plaintiffs cannot press into
service the theory of non-est factum
order as passed by the Ld.. PCIT
(Central), Ludhiana is non-est.
3. Notwithstanding, the above said grounds of appeal, the Ld.. PCIT
(Central), Ludhiana ... order as passed by the Ld.. PCIT
(Central), Ludhiana is non-est.
3. Notwithstanding, the above said grounds of appeal, the Ld.. PCIT
(Central), Ludhiana
which the assessment order was
passed, therefore, the same was non-est in the eyes of law. Also, the Tribunal taking cognizance of
the fact ... date on which the assessment order was passed, would thus be non-est in the eyes
of law. In order to fortify his aforesaid contention
