Radha Raman Shaha and Others vs Pran Nath Roy and others

Hobhouse, J. 1. Their Lordships are all agreed that the preliminary objection cannot be sustained, and that the High Court were right in overruling it. We have nothing before us, but the bare fact that the plaintiff endeavoured to get an ex parte decree set aside under Section 103 of the Code of Civil Procedure, under which the Court may try whether the summons was served or whether the plaintiff was prevented by any sufficient cause from appearing. We are not told what went on before the Court upon that occasion, and it is impossible to say that the matter now alleged as fraudulent matter came in any way before the Court under the application which was made by virtue of Section 108. 2. It seems to their Lordships that the High Court have taken an entirely right view of the matter, and they will humbly advise His Majesty that the appeal ought to be dismissed. No respondent having put in an appearance, there will be no costs.