Judge, thereafter, considered the judgment of the Apex Court in the case of Sankaan Govindan Vs. Lakshmi Bharathi & Ors., MANU/SC/0406/1974 and judgment of the foreign Court in the case of Abouloff (Sic) Vs. Oppenheimer, 1882, 10 QBD 295 and other judgments referred by the Apex Court. In our view, the Learned Single Judge, therefore, has rightly come to the conclusion that that the fraud ought to have been discovered by the Appellant after the date of the foreign judgment. The Learned Single Judge has rightly held that since the facts were known to the Appellant much prior to the foreign judgment, it was not open for the Appellant to contend that this issue should be tried by the executing Court. The Learned Single Judge after taking into consideration all the judgments which were relied upon by the Appellant, by a reasoned order has not accepted the theory of the fraud played by the Respondent on the foreign court. The last submission was regarding non executability of the judgment. Reliance was placed by the Appellant on the judgment of the Apex Court in the case of Lalji Raja & Sons Vs. Firm Hansraj Nathuram, MANU/SC/0008/1971. The Learned Single Judge has rightly held that the facts of the said case would have no application to this case.
