RAM CHANDRA SINGH Vs. SAVITRI DEVI

JUDGEMENT

(1.) Leave granted.

(2.) Effect of fraud on court is the primal question involved in these appeals which arise out of judgments and orders dated 10.12.1998 passed in CR No. 1520 of 1997 and dated 10.5.1999 passed in Civil Review No. 245 of 1998 by the High Court of Judicature at Patna.

(3.) Respondent No. 2 herein Arun Prakash Pandey (hereinafter called as the Mortgagor) had taken loan from State Bank of India, where for lands were mortgaged in favour of the Bank. He became a defaulter in the matter of repayment of loan. The Bank filed a suit claiming a sum of Rs. 1, 15,312.62 with pendente-lite and future interest as also for a preliminary decree as regard mortgaged property admeasuring 95.20 acres. In the said suit, the sisters of the mortgagor were claiming 6 annas shares in the suit properties purporting be relying on or on the basis of a preliminary decree passed in a partition suit dated 19.7.1979 filed by the respondent No. 1 in relation the said mortgaged land. A preliminary decree in favour of the bank for the aforementioned amount with pendente-lite and future interest @ 6% p.a. was passed. A preliminary decree of sale of 10 Annas shares of the mortgagor was also passed by the learned Vth Additional Sub Judge on or about 22.6.1981 whereafter a final decree for sale of the mortgage property was passed on 4.8.1982 in suit No. 88/9/1977-80.