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Decree obtained by playing fraud upon court

Querist : Anonymous (Querist) 29 July 2019 This query is : Resolved 
Sir,
Plaintiff ( trespasser)has filed declaration and injunction suit in O.S. No.-ABC-against the Local Authority and others before the Civil COURT by suppressing the previously decided cases filed by plaintiff itself for the same suit schedule property.
When this matter was pending , Plaintiff filed another injunction suit -No. XYZ- against the same Govt Authority (but without joining other defendants ) obtained permanent injunction within one month on Merits by playing fraud upon the court by not disclosing the pending suit -ABC etc.

When the matter was posted for evidence in 1st case O.S.No. ABC, after one and half year ( 1-1/2 yr) , plaintiff filed memo and withdraw the case ABC with court consent.

But the defendants ( Other than Govt Authority) in 1st case O.S. No. ABC are not aware of the 2nd case XYZ and now been affected by the decree passed/obtained by plaintiff in O.S. XYZ. Surprisingly , even after 1 year , the Govt Authority also not filed any appeal against the decree in O.S. XYZ.

QUERY :
- How the defendants( affected parties) who are not a party to the proceedings can reopen the 2nd case O.S. XYZ ?
-Can this be re-opened in the same trial court by the affected parties ? If yes, then under what ORDER /RULE CPC the non-party can reopen the XYX case ?
- Any SCC citation plz

Kindly advise.

Thanks in advance !!










Dr J C Vashista (Expert) 30 July 2019
Prima facie it a hypothetical case, however, if it is a true story what is the opinion and advise of your lawyer?
Consult another local prudent lawyer with relevant documents for proper analyses, guidance and proceeding.
Querist : Anonymous (Querist) 30 July 2019
Sir, thanks for your quick reply.
Its true story and since I being the individual non-party to the suit has been affected by this decree .
I still yet to look for expert Lawyer on this.
Also I have come across recently one reported Appeal in CIVIL APPEAL NO.629 of 2004 ( Ramji Vs Gopi Krishnan) .wherein it was held that...

(iii) In the event that an order has been obtained from the Court by playing fraud upon it, it is always open to the Court to recall the said
order on the application of the person aggrieved, and such power can also be exercised by the appellate court.
So I will check with any local Sr Advocate on this , if possible to reopen the suit u/s 151 CPC.
Thank you.
P. Venu (Expert) 30 July 2019
Please post simple facts devoid of assumptions, presumptions and, of course, your personal opinions.


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