CHARU CHANDRA POALI Vs. BIRENDRA NATH DUTTA

JUDGEMENT

(1.) These two appeals arise out of two suits for declaration that the ex parte decree, obtained by the appellant, who was defendant no. 1 in the court below, in Title Suit No. 93 of 1950, was not binding on the plaintiff respondent no. 1 before us, and was also null and void and liable to be set aside on the ground of fraud and collusion,

(2.) The suits were contested by the present appellant, who denied the plaintiff's plea that the said decree was a nullity or was vitiated by fraud or collusion or had any legal defect It was further pleaded in defence that the plaintiff's claim to the disputed property was hit by the doctrine of lis pendens.

(3.) The learned trial Judge gave effect to all the above defences and dismissed the plaintiff's suit.