Hon’ble Ashwani Kumar Mishra, J.—The present writ petition is directed against the orders passed by Civil Judge (Senior Division), Gautam Buddh Nagar, dated 26.2.2014, rejecting objection under Section 47 CPC, as well as the order dated 29.5.2014, rejecting the revision filed against it. The question falling for consideration of this Court, in the instant petition, is as to whether the executing Court is justified in refusing to examine plea of fraud, setup in objection under Section 47 CPC, on the basis of a subsequent report of public servant, for the reason that such defence setup before Civil Court was not substantiated, resulting in passing of the decree itself?

2. Facts as it emerges from record are that Noida (New Okhala Industries Development Authority) executed a lease deed of a residential plot No. 39, Block-C, Sector-XV, measuring 202.50 sq. meters, in favour of Ashok Kumar, on 23.5.1981. The defendant-petitioner asserts that a registered agreement to sell was executed by the lessee Ashok Kumar in favour of the defendant-petitioner on 7.8.1984, pursuant to which, the defendant-petitioner was put in actual possession and that a five story-building was constructed