Supreme Court of India · 2004-12-15
Sumitra Devi Anand (D) By Lrs vs Shanti Devi (D) By Lrs
- Citation / case number
- AIR 2005 SUPREME COURT 545
- Court
- Supreme Court of India
- Petitioner
- Sumitra Devi Anand (D) By Lrs
- Respondent
- Shanti Devi (D) By Lrs
- Author
- G. P. Mathur
- Bench
- R.C. Lahoti, G. P. Mathur
Judgment text excerpt
The Supreme Court upheld the dismissal of the appellants' appeal against the refusal to grant an injunction under Order XXXIX Rules 1 and 2 CPC, affirming the lower court's decision. The Court emphasized that the appellants, as legal representatives of Wazir Chand Anand, could challenge the eviction decree obtained by B.S. Sethi on grounds of fraud through a regular civil suit. The judgment clarified that the execution of the eviction decree could not be obstructed while the suit was pending, thus reinforcing the principle that a decree obtained by fraud is void and can be challenged.