JAMIA MILLIA ISLAM Vs. MOHAMMAD ABU FAZAL FAROOQI

JUDGEMENT

(1.) By this order, I would be disposing of IA 7710 of 1993, which is an application under Order IX rule 4 Civil Procedure Code and IA 1026 of 1994, being an application under Section 5 of the Limitation Act for condoning the delay in filing the application under Order DC rule 4 Civil Procedure Code.

(2.) The present suit is one for declaration and setting aside a decree, alleged to have been obtained by fraud. It was dismissed in default on 12th march, 1993. The application for restoration was moved on 1st September, 1993 i.e. nearly a period of six months after the dismissal of the suit.

(3.) It would be pertinent at the outset to notice the subject matter of the suit. The present suit had been filed to have the decree obtained in Suit No.74 of 1993, set aside and declared a nullity.