2006 (10) TMI 499

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..... the appellant defendant did not come to contest and no written statement was filed. The cancellation was sought on the ground that under undue influence and misrepresentation the impugned sale deed was got executed after practising fraud upon the plaintiff. The pleadings are to the effect that the parties are from the same family and since the plaintiff had been left all alone after the death of h .....

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..... s were carried out upon the property by the defendants. Immediately thereafter on having acquired the knowledge of this fraudulent execution of the sale deed, the present suit was filed. Since the defendants were not contesting the suit, it was directed to proceed ex parte and the plaintiff in support of his case had filed his affidavit to prove his assertions made in the pleadings. The t .....

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..... t by filing counter pleadings in the form of written statement. The Court below therefore, after hearing the counsel for the parties, was of the view that since the facts of commission of fraud and misrepresentation for obtaining the impugned sale deed were not disputed by any pleading coming from the defendants, it found that the factual assertions made in the plaint were duly proved from the evi .....

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