P.B. Suresh Kumar, J.

1. The plaintiff in the suit is the appellant in this Second Appeal. The suit was one for setting aside the decree and judgment in an earlier suit in respect of the suit property. The fact that the suit property belonged to the plaintiff is not in dispute. According to the plaintiff, she entrusted the title deed of the property with one Dr. K.R. Thankappan with whom she was living to enable him to raise a loan; that a few persons attempted to install a gate in front of the suit property on 15.9.2008 and that the enquiry made by the plaintiff thereafter revealed that Dr. K.R. Thankappan borrowed money from the defendant against the security of the title deed of the suit property and since Dr. K.R. Thankappan did not repay the loan, the defendant created a false agreement for sale in respect of the suit property and filed a suit as O.S. No. 470 of 1992 and obtained a decree for specific performance in respect of the suit property. It is alleged by the plaintiff that she did not receive summons from the court in the said suit and pursuant to the ex-parte decree obtained by the defendant, he got the sale deed of the property executed through the process o