RAJESHWAR SINGH Vs. MAHESH YADAV

JUDGEMENT

(1.) THE Court is intimated that the suit had been filed in a representative capacity by the Secretary of Magadh Raj Jarasandh Akhara, Rajgir. This was a testamentary suit no. 67 of 1990 for declaration of title and possession in respect to the properties mentioned in Schedule 1 of the plaint.

(2.) THE contention of the petitioner is that the suit was decreed in part on the basis of a compromise and in part on contest against defendants 1 and 6.

(3.) IF the contention of the defendants 1 and 6 is to the effect that the decree was obtained by fraud and collusion, then, this matter need be pleaded by facts and circumstances so as to take a declaration under Section 44 of the Evidence Act, 1872. This step was not taken. Suffice it to say that if there be a fraud it is a criminal act and there is no limitation if such action is to be taken by a party to the Suit.