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2008 Supreme(P&H) 1137

RANJIT SINGH
Punjab Beverages Pvt. Ltd. – Appellant
Versus
G. T. Agencies – Respondent


Judgment

Ranjit Singh, J.

1. Closely related family members, who were working together in a concern known as Coca Cola are litigating in this case, one of which has got an ex-parte decree in his favour for recovery of an amount approximately Rs.five crores. The petitioner would cry foul and say that this has been obtained by a fraud which is apparent on the face of the record and the same would need to be rectified immediately by this Court while exercising jurisdiction under Article 227 of the Constitution of India, Values in our society have undergone a sea-change and it is money which seems to have foremost consideration. It matters not if in the bargain one puts at stake close relatives, like brother, sister or in-law.

2. A simple application seeking direction for the court, which is dealing with an issue of setting-aside ex-parte decree and judgment, has led to an interesting and a significant debate in regard to scope of Article 227 of the Constitution of India specially in the background where allegations of fraud are made.

3. The facts when noticed in the case would bring out the alleged aspect of greed involved in this case, which the petitioner has termed as a fraud on the













































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