PROSUNNO KUMARI DEBYA Vs. GOLAB CHAND BABOO

JUDGEMENT

(1.) THE Appellants sued in the Court of the Judge of zillah Davea as sebaits of an idol called Lukshmi Narain Thalcoor to set aside two decrees dated respectively the 27th of February, 1852, and the 25th of July, 1854, obtained by the Respondent against their immediate predecessor, the Sebait Rajah Baboo, and to have the dewuttur property of the idol released from the attachment issued in execution of these decrees.

(2.) IT was alleged in the plaint that the above decrees were obtained by fraud and collusion, and an issue was framed on this charge. The subordinate Judge gave a judgment on this issue, from which, although somewhat ambiguous and obscure, it may be inferred that he considered the charge of fraud had been sustained.

(3.) IT should be observed in limine that the case does not come before their Lordships by way of appeal from the decrees sought to be impeached, but upon a fresh suit to set them aside.