Supreme Court · 2010 INSC 83 · Decided 8 February 2010
Santosh v. Jagat Ram & ANR.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 83 · [2010] 2 S.C.R. 429
- Case number
- CIVIL APPEAL No. 1881/2008
- Decided
- 8 February 2010
- Bench
- V.S. SIRPURKAR, S.S. NIJJAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
A B Suit - By widow, for declaration of her ownership in possession, of suit land, left behind by her deceased husband C - Plaintiff alleging that her earlier consent decree in favour of the defendants was the result of a fraud - Defendants denying the allegation and taking the plea that the suit set aside by first appellate court - Second appeal dismissed in limine - On D appeal, Held: Facts of the case prove that the consent decree was result of fraud, hence a nullity - The suit is also not barred by time - Limitation. Appellant filed the present suit in the year 1990, for E declaration
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