Pakkiri Mahamad Saib vs Subramania Naicken and Others

The second issue framed raises the question whether the decree in Original Suit No. 424 of 1897 was fraudulent and collusive and a finding that it was, would justify its setting aside. In the plaint there is in addition to the prayers for possession and costs, a prayer for any other suitable relief and under this general prayer it is open to the Court to set the decree aside. We, therefore, reverse the decrees of the Courts below and remand the suit for disposal according to law. Costs will abide the event.