In second appeal against orders quashing a decree for specific performance as null and void due to fraud, collusion, and execution against a deceased person, the single judge held no illegality was committed below and dismissed the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Second Appeal No. 230/2018
Rajpaal Singh S/o Baney Singh, R/o Village Jatoe, Tehsil Sadabaad, Distt. Hatras Uttar Pradesh
----Appellant/Defendant
Versus
----Proforma Respondent
For Appellant(s) : Mr. Dheeraj Singhal For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Judgment
18/11/2022
(2 of 4)
[CSA-230/2018]
(3 of 4)
[CSA-230/2018]
02.06.2006 has been procured by the plaintiff-Rajpaal Singh, having collusion with defendant No.2-Rajendra Singh on the basis of his consensus written statement, whereas the plaintiff was claimed decree for specific performance against the defendant No.1-Dharmveer Singh, who admittedly has died and against whom suit was withdrew.
In the present suit, plaintiff, being wife & minor daughter of deceased Dharmveer, has brought on light and on record all such facts in their evidence. In rebuttal appellant-defendant produced his evidence in chief and few witnesses, but no one turned up for cross-examination, therefore, there is no evidence from the side of appellant-defendant. On the basis of such factual matrix and evidence, learned trial court, vide judgment and decree dated 16.11.2011, has decreed the suit and declared the decree dated 02.06.2006, passed in Civil Suit No.112/2005 titled Rajpaal Singh Vs. Dharmveer Singh, as null and void being obtained against the dead person and by playing fraud by collusion between plaintiff and defendant No.2.
(4 of 4)
[CSA-230/2018]
appeal, but their suit for cancellation of that decree was not maintainable. This Court is surprised that firstly, no such plea was raised from the side of appellant in the written statement and secondly, the decree dated 02.06.2006 was challenged on the ground that the same was obtained against the dead person by playing fraud.
(SUDESH BANSAL),J
SACHIN/14
3 issues framed by the court
Whether courts committed jurisdictional error in declaring a decree obtained by collusion and against a dead person as null and void.
Whether a suit to declare a collusively obtained decree as nullity is maintainable as an independent cause of action.
Whether the second appeal has merits given the nature of the decree challenged.
1 provisions across 1 enactments
Rajpaal Singh S/o Baney Singh
Smt. Vimlesh W/o Dharmveer Singh
Kumari Vikesh D/o Dharmveer Singh
Rajendra Singh S/o Charan Singh
Sudeesh Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
