Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Law: Specific Relief Act, 1877

Section: 42,54

(a) Civil Procedure Code (V of 1908)--- ----S.12(2)---Judgment, setting aside of---Proceedings---Nature---Filing of fresh suit---Scope---Proceedings under S.12(2) C.P.C. are in the nature of declaratory suit claiming declaration to the effect that decree passed by Civil Court was result of fraud and misrepresentation---Fresh civil suit is not competent to seek relief on the ground covered by S.12(2)C.P.C. and it has a lawful effect to encroach upon and curtail remedy before Courts of general jurisdiction in relevant field. (b) Specific Relief Act (I of 1877)--- ----Ss.42, 54---Civil Procedure Code (V of 1908), S.12 (2)---Suit for declaration and injunction---Maintainability---Setting aside of ---Plea of fraud and misrepresentation---Doctrine of election of a remedy---Applicability---Plaintiff assailed lease deed executed as result of fraud---Validity---Originally suit was filed challenging and decree obtained by a set of defendants under an earlier suit---Rights of defendants were arising out of and decree which could not be disturbed through a suit, as it amounted to same challenge i.e. and decree of a court which in fact conferred right upon defendants---Such approach of plaintiff was tainted with mala fide,…

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