P&H: Upholds 1979 Consent Decree Recognising Oral Family Settlement; Says Fraud Must Be Specifically Pleaded And Strictly Prove High Court has set aside concurrent decrees that had favoured two daughters in a land dispute, and restored a consent decree recognising an oral family settlement in favour of their relative, Court allowed the Regular Second appeal. The case concerned agricultural land. The plaintiffs, claimed a half share based on inheritance and a registered Will executed by their father. The
P&H: Upholds 1979 Consent Decree Recognising Oral Family Settlement; Says Fraud Must Be Specifically Pleaded And Strictly Prove
punjab-haryana
⚖️ Order Date:
14 May 2026
Headnotes
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 cannot substitute for strict proof. (Paras 23 to 26) Civil Procedure Code, 1908, O.23.R.3-A — Consent decree — Challenge as to - Plea of fraud - Consent decree passed by a Court
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punjab haryana
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