KURARAM DATTA Vs. BANOMALI PATRA

JUDGEMENT

(1.) THIS case is really concluded by the finding of fact of the lower Appellate Court, and nonetheless so, because that finding may have been very timidly expressed. It is objected that the defendant cannot rely on fraud in the absence of a suit brought by him to set aside the decree. But that does not seem to be a sound appreciation of the position. It has been decided otherwise in the case of Rangnath Sakhafam v. Gvind Narasinv 28 B. 639 : 6 Bom. L.R. 592.

(2.) THE appeal must, therefore, be dismissed with costs.