GUNARATNA v. DINGIRI BANDA.

GUNARATNA v. DINGIRI BANDA.

D. C, Kurunegala, 1,556.

Consent judgment obtained by fraud-Proper procedure to set it aside-Civil Procedure Code, s. 325-Hindrance to judgment-creditor taking possession-'' Tenant or other person " (s. 324).)

Where the consent of a party to a case instituted in the District Court was obtained by fraud and so judgment obtained, the proper remedy is to apply to the Supreme Court for an order on the Court below to review the impugned judgment and to confirm or rescind it.

If upon review the judgment is rescinded, an actio indebiti lies to the party who has been compelled to pay money in execution to recover it.

Where, in an action to vindicate certain lands in possession of defendants, plaintiff obtained judgment, and took out a writ of possession, but was unable to get into possession of some of the lands owing to the obstruction of the parties in possession, and where the plaintiff petitioned the Court under section 325 of the Civil Procedure Code, and the District Judge, without finding the facts Which constituted the obstruction, directed the petition of complaint to be numbered and registered as a plaint b

Click Here to Read the rest of this document