KISTO CHANDRA SAHU Vs. SIU SHANKAR

JUDGEMENT

(1.) In order to appreciate the various points urged before us in this Rule it is necessary to state certain fact. Opposite party No. 1 filed a suit against the present Petitioner, being suit No. 180 of I960, Small Cause Court, in the third court of the Munsif, Midnapore, claiming recovery of a sum of Rs. 188. The suit was decreed ex parte on January 30, 1951.

(2.) The Petitioner before us alleges that on March 9, 1951, he came to know that the decree in question was obtained by the Plaintiff-opposite party fraudulently on the deposition of two persons who had falsely personated themselves.

(3.) Thereupon, this Court was moved on March 12, 1951, against the judgment and decree passed in S.C.C. suit No. 180 of 1950. On April 16, 1951, the revision application before this Court was, however, allowed to be withdrawn on the ground, as stated by the Petitioner in his application before the lower court filed on April 23, 1951, that he wanted to file a review of the judgment before the Small Cause Court.