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1 - 3 of 3 (0.17 seconds)Section 144 in The Code of Civil Procedure, 1908 [Entire Act]
P. Subramani vs A. Periyasamy on 21 October, 2013
18. The learned counsel for the petitioner relied on the
unreported judgment in CRP (NPD) No.3402/2013(
P.Subramani vs A.Periyasamy) wherein the Hon'ble Court
of Madras held that the courts are empowered to set
aside the decree obtained fraudulently. There is no
dispute as to the position of law. But, in this case, the
petitioner himself has refused to receive the notice issued
through RPAD. Therefore, the said ruling is not applicable
to the case on hand. Viewed from any angle, the
petitioner has not made out sufficient grounds to allow
the petition that he was prevented from appearing when
the suit was called on for hearing and consequently, the
petition is hereby dismissed. Accordingly, I answer point
No.1 in the Negative.
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