v. The Learned District Munsif has failed note that the main grounds on which the present vexatious suit was instituted by the plaintiffs under the grounds of Coercion, undue influence and fraud. It is well settied as per the provisions Indian contract Act that each ground i.e. Undue Influence, coercion and fraud each ground has different ingredients to be proved. Admittedly there is no pleading or explanation in the plaint to prove the ingredients to each ground mentioned above with regard above said act, by explaining the situation based upon material fact on which the said acts committed by the contesting parties to the suit. It is well settled law as per order VI Rule 2of civil procedure code every pleading to state material facts and not evidence. Further as per Order VI Rule of 4 of Civil procedure coder, the person who pleads fraud, and undue influence which particulars may be necessary beyond such are exemplified in the forms aforesaid particulars with dates and items if necessary] shall be stated in the pleading.. In the present case in hand the plaintiffs have no material facts to disclose and that is reason why he has not pleaded anything in his plaint. Further the plaintiffs does not have any cause of action to filed the present vexatious suit and it is well settled as per the Civil Procedure code, contract act as various dictum of Hon'ble High court and Supreme Court there should be clear pleading as well production material to establish the said grounds mentioned above. Otherwise, the suit should not be entertained with the said grounds mentioned above.
