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march 1971

Supreme Court of India · 1971-03-03

MOMAN LAL vs ANANDI BAI & ORS,

Citation / case number
SC 1966/60039
Court
Supreme Court of India
Petitioner
MOMAN LAL
Respondent
ANANDI BAI & ORS,
Bench
BHARGAVA, VISHISHTHA

Judgment text excerpt

The Supreme Court held that the findings of the first appellate court regarding the fraudulent and antedated nature of a gift deed were unjustified as the necessary pleas were not included in the written statement. The Court emphasized that the issues of fraud and antedating were not raised until the appellate stage, and thus, the trial court had no basis to make findings on these matters. The appeal was dismissed, affirming the High Court's decision to remand the case for amendments only regarding the plea of res judicata, as the original pleadings did not support the claims of fraud or antedating.

MOMAN LAL vs ANANDI BAI & ORS, · Niyam