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Supreme Court of India 2019-10-22 allowed

Shaukathussain Mohammed Patel vs Khatunben Mohmmedbhai Polara

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A property owner challenged his sale deed, claiming he had been deceived into signing it in 2008. The lower court accepted his lawsuit to proceed, but the High Court rejected it under procedural rules for defective pleadings. The Supreme Court reversed the High Court's decision. It held that when examining whether a lawsuit should be dismissed at the threshold stage, all of the plaintiff's allegations must be considered as true. Since the plaintiff had alleged fraud and deception, and these were not ruled out on the face of the pleading, the lawsuit should proceed to trial. The Court restored the case and ordered it to be tried within six months.

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Civil Procedure Pleadings Fraud Property Law Dismissal of Suit

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