Judgment debtor can challenge decree as nullity at any stage including in execution petition, if the same is obtainedby fraud - matter remanded

Citation

2017-5-L.W. 80

IN THE HIGH COURT OF JUDICATURE AT MADRAS

09.10.2017/C.R.P.(NPD) Nos.3343 & 4921 of 2011 and CMP Nos.13019 & 13020 of 2017 and M.P.No.1 of 2011

Judgment reserved on 20.09.2017 V.M.Velumani, J.

CRP (NPD) No.3343 of 2011

N.Devarajan & others.       ... Petitioners

Vs.

M/s.Nirmal Industries 34, Krishnasamy Mudaliar Street, RS Puram, Coimbatore and others.             ...Respondent

Chennai City Tenants Protection Act, Sections 2(4) `tenant', 9

C.P.C., Section 47 Decree - Executability - challenge to Fraud, suppression, effect of scope

whether executing court can declare decree as nullity and void ab intio Para 22

held: a judgment debtor can challenge decree as nullity at any stage including in execution petition, if the same is obtainedby fraud - matter remanded