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1920 DIGILAW 336 (CAL)

Rajani Kanta Das v. Purna Chandra Kundu

1920-07-01

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JUDGMENT Teunon and Newbould, JJ. - This appeal arises out of a suit brought by the Plaintiff to have an ex parte decree obtained against him set aside on the ground of fraud. In the Court of first appeal he succeeded in obtaining a decree. In this appeal it is contended first, that the decree set aside being a Small Cause Court decree is final and secondly, that in effect this was a suit brought to have a decree set aside on the ground that it was obtained by perjured evidence. A Small Cause Court decree is final in the sense that no appeal lies against it; but it cannot on that ground be urged that it may not be set aside on the ground of fraud. The present case is not a case in which it has been found merely that the decree was obtained by perjured evidence. It has been found here that the suit or claim was a false suit or claim and the falsity of the claim was necessarily known to the party putting forward the claim. That being so, it is clear that the decree in question has been properly set aside; and in this connection we may refer to the case of Manindra Nath Mitter v. Hari Mondial (1919) 24 C.W.N. 133. The appeal is dismissed with costs.