1954 (3) TMI 90

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.... J. 1. The only question involved in 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 a....

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....61 of 1949 had been filed by the petitioners 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 ques....

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....t. What had happened in that case was 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....

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....In my opinion, it is always within 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 ....