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Kuraram Datta Vs. Banomali Patra and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in29Ind.Cas.838
AppellantKuraram Datta
RespondentBanomali Patra and ors.
Cases ReferredRangnath Sakhafam v. Gvind Narasinv
Excerpt:
fraud-suit for setting aside decree obtained by fraud not brought - fraud can be still relied upon. - 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.
Judgment:

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.


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