J SIVASUBRAMANIAN Vs. N GOVINDARAJAN

JUDGEMENT

(1.) A person who is not a party to the suit, but who is aggrieved by the decree, has come to this Court, under Art.227 of the Constitution of India, alleging fraud and collusion in obtaining the decree.

(2.) SECOND respondent was the owner of the suit property. He executed a power of attorney in favour of first respondent, who filed O.S.7631 of 1997, on the file of XV Assistant Judge, City Civil Court, Madras, on 3.11.1997. On 5.11.1997, the principal (second respondent), who had executed the power of attorney, made an endorsement on the plaint that he has no objection for passing of a decree. The suit was decreed as prayed for. The decree reads thus:

(3.) AT the time when the matter came for admission, I ordered notice of motion and also granted interim stay of operation of the decree. After the first respondent entered appearance, arguments of learned counsel appearing on both sides were heard in detail.