nms3295-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3295 OF 2009 IN SUMMARY SUIT NO.2598 OF 2006 S.M.S. Thakur ....Plaintiff V/s. Omprakash Nahlani & Anr. ....Defendants Mrs.V.V. Thorat i/b Mr.Bipin Joshi for the Plaintiff. Mr.Chirag Balsara i/b M/s.P.V. Nichani & Co. for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 22ND OCTOBER, 2010. P.C. :- 1. This is an application for setting aside a decree dated 13.2.2007. 2. The application is based on the contention that after the decree was passed and after an appeal against the same was dismissed, the defendants came across/acquired knowledge about facts which indicate that the basis of the claim in the plaint was fraudulent. 3. A decree cannot be set aside on the above ground. The defendants’ remedy, if any, to challenge the decree or seek a review thereof. 4. The notice of motion is accordingly dismissed.