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Judgment
Das, J.—In my opinion no point of law emerges in this case and the appeal must be dismissed with costs.
Learned advocate appearing on behalf of the appellants complains that the Court of first instance did not allow him to produce any evidence of fraud. It appears that he wanted to produce evidence showing that the rent claimed in the plaint of the rent suit was higher than the rent payable by him to the landlord, but the Munsif rightly disallowed the evidence on the ground that this was not alleged in the plaint.
The written statement undoubtedly alleges a case of fraud as against the plaintiff, but no particulars are given, and, as has often been held, a mere allegation of fraud without particulars does not even amount to an averment of fraud of which any notice will be taken by the Court.
That being the position, the case has been rightly decided, and this appeal must be dismissed with costs.
Allanson, J.
I agree.