JOGENDRA NATH SEN Vs. TORIANTNESSA BIBI

JUDGEMENT

(1.) This appeal arises out of a suit for declaration that the decree for rent passed ex parte was fraudulent and for setting aside the said decree and the sale held thereunder on the ground of fraud. There was originally also a prayer for recovery of possession. That, however, was subsequently struck out.

(2.) The Court of first instance decreed the suit. On appeal, the learned Subordinate Judge has remanded the ease for decision on the question of fraud.

(3.) The defendants have appealed to this Court.