SAKUNTALA MISHRA AND OTHERS Vs. JAGDEEP PRATAP DEO

JUDGEMENT

(1.) This writ petition is under Article 227 of the Constitution of India invoking the supervisory jurisdiction of this court by assailing the order DTD.30.3.2017 passed by the Civil Judge (Sr. Division) Sundargarh in C.M.A. No.2 of 2017 and Revisional order dtd.31.10.2017 passed by the District Judge, Sundargarh in Civil Revision No.2 of 2017 have been assailed.

(2.) The brief fact of the case is that the opposite party being the plaintiff had filed Title Suit No.3 of 1998 in the court of Civil Judge (Sr. Division), Sundargarh for declaration of right, title and interest over schedule "A" land and for recovery of possession and permanent injunction.

(3.) The ground taken by the learned counsel for the petitioners in assailing the aforesaid orders is that the court below has not appreciated the intent of fraud which has been raised by the petitioners before it and since it goes to the root of the title and by suppressing the material facts the decree has been obtained by the plaintiff / defendant, hence the decree will be said to be nullity and as per the settled proportion of law that if there is any fraud, the decree will be said to be nullity in the eye of law, hence not executable.