9911796707
TMI Blog2022 (8) TMI 1365X X X X Extracts X X X X X X X X Extracts X X X X ..... alone are to be examined and no other extraneous factor can be taken into consideration. On the basis of averments made by the plaintiffs in the suit as mentioned above, we find that it is disputed question of fact as to whether the Agreement to Sell, the Power of Attorney and the Sale Deeds are forged and fabricated documents. Such questions are required to be decided on the basis of evidence to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e High Court of Karnataka at Bengaluru on 14.09.2021, whereby the revision petition filed by the defendant No.3 was allowed and plaint rejected in terms of Order 7 Rule 11(a) and (b) of the Code of Civil Procedure, 1908 (for short the Code ). The plaintiffs have pleaded as under: 11. The plaintiffs further submit that as already stated above after the enquiry by the plaintiffs with the de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stered copy of the registered GPA alleged to have been executed by the defendants no 1 and 2 in respect of the suit property. It appears that even the GPA is also the fabricated by the defendant no 3 with the active help of the villagers who are inimically disposed to the plaintiff s family with the intention to snatch the valuable suit property for wrongful gain. The same was also registered in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her the Agreement to Sell, the Power of Attorney and the Sale Deeds are forged and fabricated documents. Such questions are required to be decided on the basis of evidence to be led by the parties. We do find that the forgery pleaded cannot be a ground for rejection of the plaint. In view of the said fact, the order passed by the High Court is set aside. The suit stands restored to its original ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
