A.C. ANANTHASWAMY AND ORS. versus BORAIAH (D) BY LRS.

A.C. ANANTHASWAMY AND ORS. versus BORAIAH (D) BY LRS.

Except a bare allegation, there is no evidence of fraud; non-service of summons by itself does not constitute fraud or misrepresentation; suit to set aside the ex-parte decree on alleged ground of fraud is not maintainable.

Parties
Appellant: A.C. Ananthaswamy and Ors.; Respondent: Boraiah (D) by LRs.
Jurisdiction
India
Judgment Date
20 August 2004
Procedural Posture
Civil Appeal / Appeal Before Supreme Court
Outcome
Appeal dismissed
Legal Topics
Setting Aside Ex Parte Decree, Fraud in Legal Proceedings, Pleading and Proving Fraud
Civil Procedure Setting Aside Ex Parte Decree Fraud in Legal Proceedings Pleading and Proving Fraud

Case Brief

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Parties

A.C. Ananthaswamy and Ors.

Appellant

Boraiah (D) by LRs.

Respondent

Procedural Posture

Civil Appeal / Appeal Before Supreme Court

Legal Issues

  1. 1 Whether a suit for setting aside an ex-parte decree alleging fraud is maintainable when fraud was neither alleged nor proved in earlier proceedings
  2. 2 What constitutes fraud under Order VI Rule 4 CPC

Ratio Decidendi

Except a bare allegation, there is no evidence of fraud; non-service of summons by itself does not constitute fraud or misrepresentation; suit to set aside the ex-parte decree on alleged ground of fraud is not maintainable.

Court Disposition

Appeal dismissed

Orders

  • Civil appeal dismissed with no order as to costs