ASWINI KUMAR SAMADDAR Vs. BANAMALI CHAKRABARTY

JUDGEMENT

(1.) This is an appeal against a suit to set aside an ex parte rent-decree on the ground of fraud.

(2.) In order that the plaintiff may succeed in this suit, it is necessary for him to show that an earlier decree obtained in the High Court is also invalid on the ground of fraud.

(3.) Both the lower Courts have held that the plaintiff cannot maintain this suit without first setting aside the High Court decree by a suit framed for this purpose. The learned Subordinate Judge based his decision on the ground that the plaintiff was no party to the High Court decree. But this is no reason why the plaintiff should not show that the High Court decree was obtained by fraud or collusion under Section 44 of the Evidence Act.