PREM KISHAN MUDGAL Vs. ARYAVAIDYA PHARMACY COIMBATORE LTD

JUDGEMENT

(1.) The Court : This is an application under Order 9 Rule 13 of the Code of Civil Procedure virtually for recalling the orders dated 5th August, 1999 and 26th August, 1999 respectively by which two decrees were passed in respect of principal sum and interest in an application under Order 12 Rule 6 of the Code of Civil Procedure as well as in hearing undefended suit respectively. Although, some other prayers were made but those above are consequential to the aforesaid two reliefs.

(2.) The petitioner/defendant has made two-fold submissions before this Court by saying that they were prevented by sufficient cause in attending the Court on the relevant dates and times when the decrees were passed and such decrees were obtained by the respondent/plaintiff by practising fraud upon the Court.

(3.) Although, the application was belatedly made i.e. by a supporting affidavit dated 22nd August, 2000 about a year after passing such decrees but since the question of fraud has been taken which may ultimately culminate to nullity, there cannot be any hindrance in entertaining such application at any stage of the proceeding.