GANAPATHY AYYAR Vs. CHENGA REDDI

JUDGEMENT

(1.) WE think that the decision of the District Judge is wrong. The case of Periatambi Udayan V/s. Vellaya Goundou I.L.R. 21 Mad. 409 is exactly in point, and is directly opposed to the view taken by the District Judge. WE think that the view of Section 258, Civil Procedure Code there taken is correct the only case quoted by the District Judge which is in any way opposed to this view is Ramayyar V/s. Ramayyar I.L.R. 21 Mad. 356, in which the Court laid special strong on the fact that a fraud had been practised on the Court. If that case is to be regarded as in conflict with the decision in Periatambi Udayan V/s. Vellaya Goundon I.L.R. 21 Mad. 409 as to the application of Section 258 Civil Procedure Code to a case like the present, we are unable to follow it.

(2.) WE set aside the order of the District Judge and restore flint of the District Munsif with costs in this and in the lower Appellate Court.