Mere stating in the plaint that a fraud has been played is not enough and the allegations of fraud must be specifically averred in the plaint,

Citation

2022 LiveLaw (SC) 822

AIROnline 2022 SC 356

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

M.R. SHAH; J., KRISHNA MURARI; J.

CIVIL APPEAL NO. 500 OF 2022; SEPTEMBER 30, 2022

C.S. Ramaswamy versus V.K. Senthil & Ors.

Limitation Act 1963; Section 17 - By such a clever drafting and using the word "fraud", 

the plaintiffs have tried to bring the suits within the period of limitation invoking 

Section 17 of the limitation Act. The plaintiffs cannot be permitted to bring the suits 

within the period of limitation by clever drafting, which otherwise is barred by 

limitation-Mere stating in the plaint that a fraud has been played is not enough and 

the allegations of fraud must be specifically averred in the plaint, otherwise merely by 

using the word "fraud", the plaintiffs would try to get the suits within the limitation, 

which otherwise may be barred by limitation. (Para 7.8)

Pleadings - Fraud must be specifically pleaded - Mere stating in the plaint that a fraud 

has been played is not enough and the allegations of fraud must be specifically 

averred in the plaint, otherwise merely by using the word "fraud", the plaintiffs would 

try to get the suits within the limitation, which otherwise may be barred by limitation.

(Para 7.8)