DHANRAJ GUPTA Vs. SAVITRI MALHOTRA

JUDGEMENT

(1.) The plaintiff has filed the above suit on 2nd August, 1985 for a declaration that he was the absolute owner of the suit property bearing house No.J-III/67, Lajpat Nagar, New Delhi and that the defendant No.1 did not have any right to take possession of any portion of the said house in execution of the decree passed in Suit No.275/67. The plaintiff had also filed objections under Section 47 of the Code of Civil Procedure in Execution No.103/81 objecting to the execution of the decree on the same grounds on which the present suit has been filed. Earlier objections were filed by the plaintiff to an application under Order 21 Rule 97 filed by the decree holder and the said objections were dismissed by this Court on 18th November, 1985. Ex-parte order of injunction was passed by this Court in this suit on 9th December, 1985. It appears that the said order was obtained by not disclosing to the Court that objections of the plaintiff had been dismissed on 18th November, 1985. Besides other grounds which have been taken for non-execution of the decree passed in Suit No.275/67, one of the objections is that the decree had been obtained by fraud by not producing the plan which was a part of the family settlement, in the suit, in which the decree was passed.

(2.) By a detailed order passed in EA.Nos.177 and 178/94 in Ex.No.103/81 dated 6th November, 1995, I have held that no case of fraud has been made out and the execution of the decree cannot be stayed.

(3.) For the reasons stated in the said judgment, I do not think any prima facie case has been made out for grant of any stay for the execution of the decree passed in Suit No.275/67. Application is, accordingly, dismissed.