Supreme Court of India
A.C. Ananthaswamy and Ors. v. Boraiah (d) by Lrs.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
For the aforesaid reasons, we do not find any merit in this civil appeal and the same is accordingly dismissed, with no order as to costs.
Judgment, page 4
From the headnote
Code of Civil Procedure, 1908 : S. 9, Or. 9, r. 13-Suit for setting aside ex-parte decree, alleging fraud-Application under Order 9, r.13 filed earlier dismissed-Fraud neither alleged in the application nor in revision-Held, fraud is to be pleaded and proved-On facts, except a bare allegation there is no evidence of fraud and the matter being of non-service of summons, suit to set aside ex-parte decree on alleged ground of fraud not maintainable. Order Vl Rule 4-Fraud-Held, is to be pleaded and proved-An ambiguous statement cannot per se make the representor guilty of fraud.
Where later benches applied it
Of those, 1 mentioned
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