RAMANAND PANDEY Vs. SURESHMANI PANDEY

JUDGEMENT

(1.) -This revision has been filed against the order of the Civil Judge, Gorakhpur dated 13th March, 1987 dismissing the application made by the applicant under section 151 CPC.

(2.) THE short controversy which is involved in this revision is as to whether the application moved by the applicant under section 151 CPC was maintainable as admittedly the provision of Order 9 rule 12 CPC were not applicable to the case.

(3.) AFTER hearing the learned counsel for the parties at some length I am of the opinion that the allegations as they stand in the application clearly show that the applicant's case was that the order is the result of fraud played on the court, without expressing any opinion on the allegations which have been made in the application court below had jurisdiction to deal with the application under section 151 CPC the Court below has therefore acted without jurisdiction in holding that the application was not maintainable. The impugned order is therefore liable to be set aside. The court below will now decide the application in the light of the observations made in the order and in accordance with law.