Modi, J.—This is a civil regular second appeal by defendant Ajablal against the judgment and decree of the Civil Judge, Banswara, in a suit for setting aside the decree which was passed against the plaintiff in suit No. 37 of 1956. 2. The material facts leading up to this appeal are briefly these : The defendant-appellant filed suit No.37 of 1956 against the plaintiff-respondent for recovery of a certain amount of money. This suit was decreed against the latter. The plaintiff then filed the suit out of which this appeal arises, with the prayer that decree be declared to be in-operative against him. The allegation of the plaintiff was that the decree had been obtained by the defendant-appellant by fraud and this fraud was said to have subsisted in the fact that while the plaintiff was in an unsound mental condition at the time the service of the summons was said to have been effected on him, the defendant-appellant had represented to the court that, although the plaintiff had earlier been insane, he had recovered his mental faculties and therefore, the suit could proceed against him. It was under these circumstances that that suit came to be decreed against the plaintiff-respondent

Click Here to Read the rest of this document