Smt. Shakuntala Gupta vs Shri Man Mohan Gupta & Ors on 20 April, 2015
5. Learned counsel for the Respondent on the other hand claims that
since the Respondent No.1/Plaintiff has played fraud thus a decree of
declaration obtained on the basis of fraud played could be set aside only by
filing a separate suit and an application under Order XXI Rules 99, 101 and
103 CPC was not maintainable. Learned counsel for the Respondent No.1
relies upon Ram Chandra Singh vs. Savitri Devi and others, 2003 (8) Scale
505; V.K. Rama Setty vs. A. Gopinath, AIR 1998 Karnataka 186 (FB); and
Ramu and others vs. Jai Singh, 78 (1999) DLT 1.