Code of Civil Procedure, 1908–Order 22, Rules 3 & 4–Specific Relief Act, 1963–Sec. 12–Death of defendant no. 1 during the pendency of suit for specific performance–No step was taken by the plaintiff to take the LR’s. of deceased on record–Subsequently, he withdrew the suit against defendant no. 1–Suit was decreed against defendant no.2 who was not the executant of agreement–LR’s. of deceased filed the fresh suit with the prayer that the judgment and decree passed in earlier suit were nullity–Trial Court decreed the suit and declared the earlier decree null and void–Whether any illegality ?–Held, no–Judgment and decree procured by the parties by playing fraud with the Court, is nullity and the Court has jurisdiction to entertain independent suit in that respect–Interference declined.
