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1954 Supreme(AP) 103

UMAMAHESWARAM
Gurajada Vijaya Lakshmamma – Appellant
Versus
Yarlagadda Padmanabhan – Respondent


UMAMAHESWARAM, J.

( 1 ) THIS Civil Revision Petition is filed against the findings recorded by the learned Subordinate Judge of Masulipatam on additional Issues 4 and 5 in O. S. No. 61 of 1950 on his file. ( The plaintiff-decree-holder sought to attach the properties of the first defendant in O. S. No. 61 of 1950 (Petitioner herein) as belonging to his judgment - debtor who is the second defendant in that suit, in execution of the decree in O. S. No. 215 of 1945 (District Munsifs Court of Gudivada ). The petitioner herein filed a claim petition (E. A. No. 462 of 1949) under O. 21, R. 58, Civil P. C. and her claim was allowed. The plaintiff-decree, holder consequently filed O. S. No. 61 of 1950 seeking to set aside the Order made on the claim petition. One of the pleas raised in that suit by the petitioner herein was that the debt due to the plaintiff was a bogus one and that the decree obtained by him was vitiated by fraud and collusion. On that pleading, additional issues 4 and collusion. On that pleading, additional issues 4 and 5 were raised. The learned Subordinate Judge held that in a suit filed under O. 21, R. 63, Civil P. C. it is not open to the defendant to attack the decre









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