1954 (3) TMI 90

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..... JUDGMENT Syed Jafar Imam, C. 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 Cas....

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.... that after the Title Suit No. 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 writte....

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....t case, however, are quite different. 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 ....

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....d having been committed on the Court. 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 n....