Kasturi Lakshmibayamma v. Sabnivis Venkoba Rao & Others, Andhra Pradesh High Court, Judgment, Law, casemine.com

Tags

Top Highlights

• When fraud is alleged against the defendant, it is an acknowledged rule of pleading that the plaintiff must set forth the particulars of the fraud which he alleges. In the present case, fraud is alleged as a ground upon which the plaintiff justifies the institution of the suit long after the expiry of the period normally allowed for the institution of the suit.

• It is well settled that in order to make out extention of time for the institution of suit on the ground of fraud, it should relate to the active concealment of the right of the plaintiff to institute the action. It is necessary to make out that as a remit of the fraudlent design, the plaintiff has been prevented from exercising the right to sue in respect of the particular property

• There is nothing to sustain the plea that there were fraudulent representations so as to prevent the plaintiff having knowledge of her right to challenge the alienations in question.