Law:

Section:

(a) Civil Procedure Code (V of 1908)--­ ----O. VI, R.4---Contract Act (IX of 1872), S.16---Undue influence--Connotation---Pleading in suit to avoid transaction on ground of undue influence ---Essentials---Plaintiff or defendant in order to avoid transaction on ground of undue influence, must give full particulars of circumstances on which he relied as basis of his such plea---Precise nature of influence exercised, manner of use of influence and unfair advantage obtained by the other had to be clearly pleaded---While dealing with cases of undue influence regard must be had to the question whether transaction in question was one in which a right-minded person could be expected to enter into; whether it showed so much improvidence as to suggest that transferor was not in a state of mind to weigh what he was doing; whether it was a matter requiring legal advice and whether intention for making of transfer originated with transferor---Finding on issue of undue influence in the nature of things must be based on general as well as specific evidence of exercise of undue influence---Undue influence was not a matter always capable of direct proof and, therefore, must depend upon conclusions drawn from the nature of transaction itself and circumstances in which it had its .origin---Ingredients of undue influence were that relations subsisting between parties should be such that one of them was in a position to dominate the will of the other; dominant party had obtained an unfair advantage over the other; and dominant party had used his dominant position to obtain that unfair advantage---Essence of undue influence was that a person was constrained to do and against his will; but for the influence, he would have refused to do, if left to exercise his own .--[Words and phrases]. AIR 1972 Him. Pra. 33; AIR 1937 Cal. 492; AIR 1951 Trav: Co. 42;. AIR 1966 Andh. Pra. 104; AIR 1937 Pat. 362 and AIR 1961 Punj. 383 rel. (b) Contract Act (IX of 1872) ----S. 16---Undue influence---Proof---Mere allegations of good relations between parties without any clear suggestion that one of them was in a position to dominate- the other. would not justify the Court in the assuming that undue…

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