Loan agreement

Toni S. Sachdevani (Querist) 16 October 2013 This query is : Resolved
A & B are friends. A claims that B has taken loan from him on the basis of Notarised Loan Agreement. B admits to have bought the stamp paper at the request of A for A's use but refuses any loan transaction. A files summary suit. B does not get leave to defend due to delay. B files Writ in High Court against that order. High Court says deposit half of the amount of loan. B couldnt due financial crisis. Suit is decreed in favour of A.A has initiated execution proceedings & warrant has been issued against B. Now Notary has admitted on his letter head that B has never visited him. One witness to that loan agreement has also executed Affidavit, who says that he has never visited that notary and B has not signed infront of him. Remedies available to B? What provisions?

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Devajyoti Barman (Expert) 16 October 2013
B can file petition under order 21 rule 97 to agitate this new issue.
Else he has no other remedy.

Guest (Expert) 16 October 2013
As I understand, it appears to be the case of decree obtained by fraud. Though the decree has been passed, as per my understanding of the law, challenging the decree obtained on the ground of fraud will vitiate the same.

Toni S. Sachdevani (Querist) 22 October 2013
Sirs, What about O37, R4.

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