Code of Civil Procedure, 1908–Order 21, Rule 97 & Order 9, Rule 13 & Sec. 151–Execution second appeal–Allowed with the observation that the decree dated 29.07.1976 deserves to be executed–Ex-parte decree dated 29.07.1976 was set aside on 29.08.1981 but this fact was not disclosed by the plaintiff-decree-holder in second appeal–Plea that he was not aware of order dated 29.08.1981, is found total incorrect statement on the face of it because the plaintiff participated in the proceedings under Order 9, Rule 13 with all rigors–He has not in any manner even evasive or non-specific, denied the fact of the decree having been set aside–Judgment dated 01.12.2015 (in execution second appeal) was passed in ignorance of order dated 29.08.1981 as the same was malafidely concealed by the plaintiff–It is a fraud upon the Court–Impugned judgment deserves to be recalled–Execution second appeal restored.
