JUGMATI Vs. SHABBIR HUSSAIN

JUDGEMENT

(1.) FEELING aggrieved by the order dated 22-1-2007 passed in Execution Case No. 51A/90 by the District Judge, Bilaspur on an application under Section 47 of Code of Civil Procedure filed by the applicant whereby the application has been dismissed, the instant revision has been preferred.

(2.) AS per record, brief facts giving rise to this revision are as under:

(3.) PER contra, Shri Ali Asgar, learned Counsel appearing for the Respondents placing reliance upon the judgments in the cases of Vasudev Dhanjibhai Modi v. Rajabhai Abdul Rehman and Ors. : (1970)1 SCC 670 and Surendra Singh and Ors. v. Lal Sheoraj Bahadursingh and Anr. 1975 MPLJ 57, would submit that the facts situation of the present case would reveal that the application has been filed by the applicant in collusion with the persons/purchasers in whose favour, the applicant along with other judgment debtor executed a sale deed. It is not a case where it can be said that the decree is passed by the Court having no jurisdiction to pass it and is patently illegal just on the face of it. The suit was hotly contested by the parties and after a long drawn litigation the decree has been passed. The applicant participated in all the proceedings through her counsel along with other judgment debtor and only after execution of sale deed in others favour, in order to support them, the application was filed on a fake plea of fraud. In fact, they are trying to defraud the decree holders. The conduct of the applicant is unfair. Matter involves highly disputed questions of fact. In the facts situation of the case, if at all, any remedy is available to the applicant, is only by filing a duly constituted suit and not the application under Section 47 of the Code of Civil Procedure and, therefore, the trial Court has rightly dismissed the application.