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GRAHAM, B. B. GHOSE
Muktamala Dasi – Appellant
Versus
Ram Chandra De – Respondent
JUDGMENT
B.B. Ghose, J. - This is an appeal by the Defendant No. 1 against a judgments' and decree of the Subordinate Judge-reversing those of the Munsif. The plaintiff brought the suit to set aside a decree which was passed ex parte against him in Money Suit No. 200 of 1916 on the ground of fraud. In that case, the present plaintiff was the defendant. He was, it appears, served with proper summons; but on the date of hearing, he failed to appear in Court and the result was that a decree was passed ex parte against him. The plaintiff alleges that the claim for rent against him in the previous suit was entirely false and the decree was obtained against him on perjured evidence. On these allegations, he-went to trial. Several issues were framed in the trial Court of which the 5th issue was this:
Is the rent decree obtained by the Defendant No. 1 against the plaintiff fraudulent and one liable to be set aside?
2. In a careful judgment, the Munsif considered all the reported cases on the question as to whether the plaintiff was entitled to maintain the present suit for setting aside the previous decree on the ground alleged and came to the conclusion that a fresh suit by the plaintiff for
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