APHC010059202004 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Thursday, the Sixth day of March 2025 Present The Honourable Ms Justice B.S.Bhanumathi Civil Miscellaneous Appeal No. 3182/2004 Between: The Oriental Insurance Co., Ltd., Ananthapur ...Appellant. AND Baba Fakruddin @ Haneef sab and Others .... Respondents Counsel for the Appellant: 1. P.Ramanjaneyulu Counsel for the Respondent(S): 1. The Court made the following judgment : This appeal is filed against the order dated 27.11.2003 dismissing the petition in I.A.No.277 of 2003 in M.V.O.P.No.48 of 1994 filed under section 151 CPC to recall exparte decree passed against the petitioner (2nd respondent in the claim petition) to recall exparte decree dated 13.10.1998. 2 BSB,J CMA. No.3182 of 2004 02. The appellant/petitioner contended that the claim petition was filed misrepresenting the facts though the deceased was the owner of the vehicle involved in the accident, by showing his brother as the owner, as is evident from the policy of insurance issued in the name of the deceased, but the vehicle was transferred in the name of the 1st respondent after the death of the deceased and that the claimants intentionally got the summons served on the wrong person i.e., the 1st respondent. 03. The Tribunal dismissed the petition observing that the petitioner did not produce any material in proof of the allegations of fraud and that the exparte decree was passed in the year 1998 in a claim petition pertaining to the year 1994. 04. Aggrieved by the order, this miscellaneous appeal was preferred. 05. The learned counsel for the appellant submitted that since fraud vitiates everything, the Tribunal ought to have provided an opportunity of proving fraud by leading necessary evidence, instead of dismissing the petition at the threshold. He further submitted that E.P.No.05 of 2000 was filed for execution of the said award and fraud can be taken as a defence even in the execution proceedings when an award was obtained by playing fraud on the Tribunal and thus, even if a fair opportunity is given to the appellant to lead evidence to establish such fraud, truth would come out and justice would be done. The execution petition is still pending due to the interim order of stay granted in the appeal. 3 BSB,J CMA. No.3182 of 2004 06. As rightly contended by the learned counsel for the appellant, unless an opportunity is given to the appellant to lead evidence by filing copy of registration certificate and policy of insurance of the vehicle on recalling the decree and award so obtained, the dispute cannot be resolved on merits. Under the peculiar circumstances in this case, it is appropriate to allow the appeal and consequently the petition in I.A.No.277 of 2003. 07. In the result, the appeal is allowed as aforesaid. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this civil miscellaneous appeal shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Dated 06.03.2025 GRL 4 BSB,J CMA. No.3182 of 2004 121 THE HONOURABLE MS JUSTICE B S BHANUMATHI C.M.A No.3182 of 2004 Date: 06.03.2025 GRL