1. Whether a litigant who obtains a judgment and decree in its favour by fraud, can be permitted to take the benefit of the same and claim execution thereof on the ground that the decree even if it had been obtained by fraud, had not been challenged in the appropriate forum within the stipulated period, is the significant question of law which arises for the consideration of this Court in this writ petition.

2. The petitioner is the Chandigarh Primary Co-operative Agricultural Development Bank Ltd., Roper. In this writ petition under Articles 226/227 of the Constitution of India, the petitioner prays for the issuance of a writ in the nature of certiorari quashing the order dated 20-11-1984 passed by the Deputy Secretary (Appeals) to Government of Punjab in the Department of Co-operation (Annexure P-5).

3. Briefly stated the facts leading to the filing of the writ petition are that the petitioner had advanced a loan of Rs. 30,000.00 to respondent No. 3 for the purchase of a Tractor. On 2-3-1971, respondent No. 3 authorised the Bank to make payment of the loan amount to M/s. Jacksin Auto Engineers, G.T. Road, Ludhiana-I. Invoice issued by the authorised firm had been supplied