TMI Blog1954 (3) TMI 90X X X X Extracts X X X X X X X X Extracts X X X X ..... the present application is as to whether an application under Section 151, Civil P. C. could be filed to set aside an order passed on an application filed under Order 21, Rule 90, Civil P. C. It appears that on 18-6-1951, an 'ex parte' order in Miscellaneous Case No. 27 of 1951, arising out of Bent Execution Case No. 143 of 1937. was passed setting aside a sale held in execution of a d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before him, the opposite party before him, who were defendants in the said suit, attempted to create supposed unimpeachable evidence to support a good defence in the suit by getting the sale set aside in the rent execution Case. The moment that was done they made their appearance in the title suit and filed their written statement. There can be no question, therefore, on the finding of the Mun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that an application under Section 174 (3), Bengal Tenancy Act was dismissed for default. In such circumstances the applicant under the very section itself could prefer an appeal against the order of dismissal, and the order being an appealable one no application under Section 151 of the Code could be entertained. 'The judgment of the learned Chief Justice clearly indicates the basis for the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the inherent power of a Court to set aside its order which has been obtained by a fraud being committed upon it. It is patent that the application under Order 21, Rule 90, could not be finally decided without notice being served upon the opposite party to that application. A Court which passes an order in the belief that notices have been served and the opposite party have not cared to contest th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rkar' AIR 1917 Cal 31 (D). In my opinion, the mere fact that the petitioners before the Munsif could have filed an appeal with a prayer for condonation of the delay in filing the appeal did not deprive them of the right to move the Court in the exercise of its inherent power to set aside an order passed by it obtained through fraud. I see no reason to think that the order passed by the Muns ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
