Thangamani v. Rajkumar
Case brief
What is this about?
The Court dismissed the Civil Revision Petition filed under Article 226 against an order refusing an application under Section 47 CPC, holding that fraud claims and disputes on consideration do not fall within the narrow scope of Section 47.
What did the court decide?
Civil Revision Petition dismissed; corresponding connected miscellaneous petition closed; no costs awarded.
What the court decided
Issues for consideration
3 issues framed by the court
Whether a claim that a decree was obtained by fraud can be raised in an application under Section 47 of the Code of Civil Procedure.
Whether a claim regarding non-payment of balance consideration within stipulated time is maintainable in the present revision.
Whether the order dismissing the Section 47 application should be set aside in the incidental civil revision petition.
Parties & counsel
- petitioner
Thangamani
- petitioner
Parameswari
- petitioner
Shanthi
- respondent
Rajkumar
Coram
Case details
As recorded by the court registry
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