A.C. ANANTHASWAMY vs BORAIAH .

The Supreme Court upheld the High Court's decision to restore an ex-parte decree in favor of Boraiah, stating that the appellant, Patel Chikkahanumaiah, failed to prove fraud or misrepresentation in the original suit. The Court noted that allegations of fraud were not made in the application under Order 9 Rule 13 CPC for setting aside the ex-parte decree, nor in the subsequent appeal. The Court emphasized that fraud must be specifically pleaded and proved, which was not done in this case, leading to the dismissal of the appeal.