SANTOSH versus JAGAT RAM & ANR.

SANTOSH versus JAGAT RAM & ANR.

The consent decree dated 26.3.1985 was procured by fraud and is therefore a nullity; the suit filed by the appellant in 1990 to set aside that decree was within the period of limitation because the cause of action arose when the respondents began interfering with her possession and asserting the decree; accordingly the High Court and Appellate Court judgments were set aside and the Trial Court judgment restoring the appellant's rights was restored.

Parties
Appellant/plaintiff: SANTOSH; Respondents/defendants: JAGAT RAM & ANR.
Jurisdiction
India
Judgment Date
08 February 2010
Procedural Posture
Civil Appeal / Appeal to the Supreme Court (civil Appeal No. 1881 of 2008) Decided by the Supreme Court
Outcome
Appeal allowed; judgment of the High Court and Appellate Court set aside; Trial Court judgment restored
Legal Topics
Consent Decree, Caveat (section 148 a Cpc), Mutation, Possession, Declaration, Nullity of Decree
Property Law Civil Procedure Fraud Limitation Consent Decree Caveat (section 148 a Cpc) Mutation Possession +2 more

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Parties

SANTOSH

Appellant/plaintiff

JAGAT RAM & ANR.

Respondents/defendants

Procedural Posture

Civil Appeal / Appeal to the Supreme Court (civil Appeal No. 1881 of 2008) Decided by the Supreme Court

Legal Issues

  1. 1 Whether the consent decree dated 26.3.1985 was obtained by fraud
  2. 2 Whether the suit filed in 1990 to set aside the 1985 decree was within the period of limitation

Ratio Decidendi

The consent decree dated 26.3.1985 was procured by fraud and is therefore a nullity; the suit filed by the appellant in 1990 to set aside that decree was within the period of limitation because the cause of action arose when the respondents began interfering with her possession and asserting the decree; accordingly the High Court and Appellate Court judgments were set aside and the Trial Court judgment restoring the appellant's rights was restored.

Court Disposition

Appeal allowed; judgment of the High Court and Appellate Court set aside; Trial Court judgment restored

Orders

  • Set aside the judgment of the High Court and of the Appellate Court
  • Restore the judgment of the Trial Court decreeing the suit in favour of the appellant