P&H: Upholds 1979 Consent Decree Recognising Oral Family Settlement; Says Fraud Must Be Specifically Pleaded And Strictly Prove

Civil Procedure Code, 1908, O.6.R.4 -- Pleadings - Fraud must be specifically pleaded with full particulars and strictly proved by clear, cogent and convincing evidence - General allegations and inferences from circumstances like illiteracy, haste in prior proceedings, omissions in a subsequent Will or disbelieved testimony...

Civil Procedure Code, 1908, O.23.R.3-A — Consent decree — Challenge as to - Plea of fraud - Consent decree passed by a Court of competent jurisdiction on the basis of parties statements carries the same binding force as a contested decree and cannot be ignored or declared void...

Registration Act, 1908, S.17(2)(vi) — Registration — Compromise/consent decree —  No compulsory registration is required where decree merely declares a pre-existing right or recognises an earlier oral family arrangement - Registration is attracted only if decree itself creates rights in praesenti. (Paras 32 to 34)

Family arrangement — Oral family settlement acknowledged in judicial proceedings — Admissions by co-owners on oath, long-standing possession, services rendered and parties conduct show a pre-existing arrangement which consent decree only formalised - Such arrangement though oral is valid and can be recognised by a Court decree. (Para...

Consent decree — Subsequent registered Will omitting reference to an earlier consent decree does not retrospectively invalidate decree already passed and acted upon - Illiteracy of testator without proof of deception at the time of decree, does not vitiate consent. (Para 26)