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2007 Supreme(SC) 304

C.K.THAKKER, LOKESHWAR SINGH PANTA
A. V. Papayya Sastry – Appellant
Versus
Govt. of A. P. – Respondent


Judgement Key Points

Order 12 Rule 6 of the Civil Procedure Code (CPC) pertains to the procedure for obtaining a judgment in a suit where the defendant has not entered an appearance or has failed to defend the suit, and the plaintiff is entitled to a judgment as a matter of law. Specifically, Rule 6 allows the court to pass a judgment on the basis of the pleadings and evidence presented, without the need for a full trial, when the defendant has not appeared or has not contested the case.

Based on the provided legal document, the court emphasized the fundamental principle that a judgment obtained by playing fraud on the court is a nullity and non est in the eye of law. It also highlighted that any order or judgment procured through fraud is considered a nullity and must be treated as non-existent by all courts, regardless of whether it was obtained at the first instance or on appeal. The document underscores the importance of integrity in judicial proceedings and the court's inherent power to set aside judgments obtained by fraud, including through mechanisms such as recall of orders or re-opening proceedings.

While the document does not explicitly discuss Order 12 Rule 6, the principles outlined reinforce the importance of ensuring that judgments are based on genuine and truthful proceedings. If a judgment is obtained through fraudulent means, it can be challenged and set aside under the court’s inherent powers, and the procedural provisions like Order 12 Rule 6 would be relevant in the context of seeking a judgment based on undisputed facts or pleadings, especially when a party defaults or fails to contest.

In summary, Order 12 Rule 6 provides a procedural mechanism for courts to swiftly pass judgments in cases where the defendant is in default, but the overarching legal principle from the document emphasizes that any judgment—whether obtained by default or otherwise—must be free from fraud and played in accordance with truth and justice. If a judgment is tainted by fraud, it is considered a nullity and can be challenged under the court’s inherent powers, regardless of the procedural stage.


JUDGMENT

C.K. Thakker, J.—All these appeals have been preferred by the appellants against common judgment and order passed in WAMP No. 1879 of 2001 in W.A. No. 109 of 1997, WAMP No. 1880 of 2001 in W.A. No. 292 of 1998 and Contempt Case No. 1008 of 2001. By the said order, the High Court recalled common judgment and order passed on April 27, 2000 in Writ Appeal Nos. 109 of 1997 and 292 of 1998. A direction was also issued to the authorities under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as ‘the Ceiling Act’) to complete proceedings within the stipulated period.

2. The case has a long and checkered history starting from early seventies of the last century. Appellants herein are the owners of land bearing Survey Nos. 3/1, 3/2 and 4 admeasuring 18 acres, 39 cents of Village Kancharapalem, District Visakhapatnam. It was their case that Visakhapatnam Port Trust (‘Port Trust’ for short) wanted to acquire land for public purpose, namely, for construction of quarters for its employees. The Chairman of the Port Trust, therefore, sent a requisition letter to the District Collector, Visakhapatnam for acquiring land admeasuring 45 acres, 33 cents of Survey Nos.


































































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