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GREAVES, CUMING
Baikuntha Chandra Dhupi – Appellant
Versus
Prahlad Chandra Dhupi – Respondent
JUDGMENT
Cuming, J. - The facts of this appeal are as follows: The appellant obtained an ex parte decree against the respondents in a certain Title Suit No. 3 of 1917. The respondents then sued the appellant to set aside this ex parte decree on the ground that it was obtained by suppression of processes, by adducing false evidence and by wrongly including certain land within his tenancy which did not belong to the tenancy. The Court of first instance found that there had been no suppression of processes and that the respondent was fully aware of the progress of the suit. He further found that the appellants, suit was wholly false and that the decree was obtained by the production of false evidence and by the practice of fraud on the Court and decreed the respondent's suit. On appeal to the District Court this decision was upheld. The learned Judge there held agreeing with the Court of first instance that the respondent was fully aware of the suit and that processes have been served upon him. He, however, found that it was fraud on the part of the appellant to falsely allege his own howla right and to obtain a judgment by adducing false evidence. The defendant has appealed to this Co
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