KAYEM BISWAS Vs. BAHADUR KHAN

JUDGEMENT

(1.) This appeal is against the judgment and decree of the Additional District Judge of Khulna, reversing a decision of the Munsif of the Additional Court at Khulna and remanding the case for fresh decision in accordance with certain instructions given in the judgment of the lower appellate Court.

(2.) The Defendant No. 1, Kayem Biswas now appellant, brought a suit in the year 1915 against the plaintiffs-respondents for recovery of possession of certain lands on establishment of title; and obtained an ex-parte decree. The plaintiffs then filed the present suit to set aside the sale decree as fraudulent and without jurisdiction, and for a confirmation of their title to the land, and for other consequential reliefs. A number of issues were framed upon the pleadings, one of which, No. 8, was in the following terms: Is the decree in Title Suit No. 343 of 1915 fraudulent and without jurisdiction as alleged? Is it liable to be set aside?

(3.) The Munsif found upon this issue that no fraud had been established, and that there was no substance in the objection as to jurisdict on. He accordingly, in view of his findings on this issue and on Issues 9 and 11, dismissed the suit.