DAU DIAL Vs. MUNNA LAL

JUDGEMENT

(1.) This appeal arises out of a suit in which the plaintiff claimed that it might be declared that a decree obtained by the defendant No. 1 in the Calcutta High Court was fraudulent and false and that it might be set aside as against the plaintiff and his father and an injunction might be issued to restrain the said defendant from taking out execution of the decree and directing him to release attached property from attachment.

(2.) The Court below held that the cause of action did not arise in Mainpuri and accordingly returned the plaint for presentation in the proper Court. The plaintiff comes here complaining of this order.

(3.) The foundation of the plaintiff s case is the granting of a decree in Calcutta which is said to have been obtained by fraud. It appears that the decree was obtained in the year 1908 in the Court of first instance and was confirmed by the Appellate Court in the year 1903. The present suit was not instituted until the year 1911. It is stated that the allegation of the plaintiff is that his father, who was named as one of several defendants, was never served throughout the litigation in Calcutta.