Civil appeal filed before the Supreme Court in Placido Francsico Pinto and Anr vs Jose Francisco Pinto & Anr, LL 2021 SC 528. In this case the defendant is pleading before the court that the sale deed in question in the suit is performed by fraud. But for same, the defendant not stated anything in his written statement.
The Supreme court observed that the defendant not mentioned anything about the fraud in the written statement therefore he would not be allowed for producing or giving evidence for the same.
The defendant is not alleging fraud in his written statement. Such ignorance of not understanding the nature of the document cannot be said to be an incident of Fraud. In absence of any proof of fraud defendant and his wife abided by their signature on the written document.
The court held that under Order VI Rule 4 it’s necessary to mention misrepresentation, undue influence and fraud in your plaint before adducing to produce documents about the misrepresentation, undue influence and fraud in court.
This appeal is dismissed and the legality of the document is upheld by the court.