ANDHRA PRADESH HIGH COURT: One of the essential requirements for any document, or for that matter, any transaction of whatsoever nature, is the date on which it is said to have taken place. When the Plaintiff is not sure about the date of agreement, it is difficult to discern the existence of the consensus ad idem which is sine quo non for any agreement. It is only when the Plaintiff proves that discussion in relation to any transaction has taken place and there exists consensus ad idem between it and the defendant, that the court consider the feasibility of enforcing such agreement. The cumulative effect of the imperfect pleading and inadequate evidence is that the Plaintiff miserably failed to prove the existence of the very agreement SRI SURYA GRANITES VS G. VENKATESWARLU:2013(4) CIVIL COURT CASES 808 C.C.C.A. NOS. 211, 227 & 228 OF 2008
Posted on: Tue, 09 Sep 2014 10:50:00 +0000
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