JUDGMENT

1. The substantial question of law involved, formulated and to be answered in this second appeal preferred by the appellant/defendant is as under:

''Whether both the courts below were justified in setting aside the judgment and decree dated 05.12.96 passed in Civil Suit No.6A/95 by First Civil Judge, Class I, Mahasamund, without looking into the aspect of pleadings and proof regarding fraud in its legal & proper perspective ?''

[For the sake of convenience, the parties would be referred hereinafter as per their status shown in the suit before the trial Court].

2. The suit land bearing Khasra No.70/3C area 1.214 hectares was allotted by NaibTahsildar, Basna in favour of defendant No.1 on 9.11.92 (Ex.P9) under the provisions of the Revenue Book Circular, which was revoked by the Additional Collector, Raipur in exercising of suo moto jurisdiction on 10.4.95 (Ex.P 10) and the land was directed to be mutated in the name of the State/plaintiff, against which, the defendant preferred Civil Suit No.6A/95 (Abubakar v. State of of Madhya Pradesh and another) for declaring the Additional Collector''s order dated 10.4.95 as void and ineffective, which was ultimately granted by decree o