(1.) By way of the present petition under Article 227 of the Constitution of India, the petitioner has assailed order dated 18th July, 2013 passed by the learned Civil Judge-15, Centre, Tis Hazari, Delhi in Ex. M. No.10/11 whereby the application of the petitioner under Section 151 CPC was dismissed in which the prayer was sought that it should be held that the decree dated 31st August, 1966 has become nullity and unexecutable due to the reasons stated in the application and the impugned order be set-aside as the Executing Court has no power/jurisdiction to execute the decree dated 31st August, 1966.
(2.) It is necessary to refer the brief facts/relevant dates and events which have happened in the previous litigations between the parties in order to decide the present petition. The same are:-
(3.) The main case of the petitioner/judgment debtor is that the respondent No.1 had no right, title or interest in the premises. The decree has been obtained by the respondents by playing fraud on the court. It is well settled law that a decree obtained by playing fraud upon the court is a nullity and non-est in the eyes of law. It can be challenged at any stage even in the execution as well as collateral proceedings.