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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR
R.Chandrasekaran – Appellant
Versus
Madhu – Respondent
ORDER :
N. SATHISH KUMAR, J.
This Civil Revision Petition is filed under Article 227 of the Constitution of India, seeking to set aside (i) the ex parte decree dated 29.09.2023 passed in O.S.No.16 of 2023 on the file of the learned District Munsif, Pennagaram and (ii) the sale deed dated 15.11.2024, executed in favour of the 1st respondent- Ganesan by the learned District Munsif, Pennagaram, pursuant to the orders passed in the execution proceedings in E.P.No.1 of 2024 initiated on the basis of the said ex parte decree for specific performance of an agreement for sale.
2.0 The brief facts leading to the filing of this Civil Revision Petition are as follows:
2.1 The 2nd respondent-A.Madhu purchased a property measuring an extent of 1.99 Acres of land comprised in S.NO.679/1 situated at Sunjalnatham village, by virtue of sale deed dated 27.03.1987 vide Doc.No.346 of 1987; so also he purchased two other properties measuring an extent of 1.37 ½ Acres of land comprised in S.NO.679/8 and another extent of 42 cents comprised S.No.679/4 at Sunjalnatham village by virtue of registered sale deed dated 18.01.1991 vide Doc. No.17 of 1991. After having purchased, on 26.07.2013, the 2nd respondent-A
Fraud vitiates all judicial acts; a decree obtained through fraudulent means is a nullity and can be challenged, even collaterally.
A decree obtained by fraud is a nullity and can be set aside by the court, emphasizing the supervisory jurisdiction under Article 227 of the Constitution.
The court emphasized that a petitioner must act with diligence and clean hands when invoking Article 227, especially when challenging an ex-parte decree after an unreasonable delay.
The court affirmed that disputes regarding execution of decrees must be resolved by the executing court, and allegations of fraud must be substantiated with evidence.
A judgment must contain a concise statement of the case, points for determination, and reasons for the decision; failure to comply renders it invalid.
Point of law: when substantial rights in immovable property are involved, sustaining ex parte decree is not admissible and it is always better to have a decree on merits. The learned trial Court did ....
The main legal point established in the judgment is the application of Order IX Rule 13 CPC for setting aside an ex-parte judgment obtained through fraud, highlighting the importance of timely and va....
Point of law: As per Section 6 of the Act, every entry in the record of rights shall be presumed to be true until the contrary is proved or until it is otherwise amended in accordance with the provis....
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