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Tuesday, March 16, 2010

Consent decree--Setting aside of --Fraud

2010(1) LAW HERALD (P&H) 419
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Rakesh Kumar Garg
RSA No.3044 of 2008
Mohinder Kaur & Anr.,
v.
Kanwal Singh & Ors.
{Decided on 14/01/2010}
For the Appellant: Mr. B.S.Bhalla, Advocate.
(A) Civil Procedure Code, 1908, O. 23, R.3--Consent Decree--Setting aside of--Fraud--Plaintiff-appellant herself admitted that power of attorney was executed by her in favour of their brothers--Plaintiffs made statement in Court through their attorneys who were duly identified by lambardar--Moreover, plaintiffs themselves appeared in Court and admitted claim of defendants--Plaintiffs failed to prove that decree was obtained by fraud and misrepresentation--Judgment and decree do not require any interference. (P. 4 & 7)
(B) Civil Procedure Code, 1908, O. 23, R.3--Consent decree--Setting aside of --Fraud--Once plaintiffs executed power of attorney then they are bound by act done by their power of attorney holder in pursuance of same--Power of attorney holder admitting claim of defendants--Decree not liable to be setaside on ground of fraud. (P.7)