CRA/260/2010 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.260 OF 2010 Articraft International ... Petitioner V/s. Ghanshyam J. Thacker ... Respondent Mr.S.D. Patil for Petitioner Mr.Rajesh Datar for Respondent Nos.1 & 2 CORAM: SMT.NISHITA MHATRE, J. DATED: DECEMBER 6, 2010 P.C.: 1. The civil revision application has been filed by Defendant No.2, whose application at exhibit 29 for dismissal of the suit has been dismissed by the appellate Court. According to defendant No.2 i.e. the applicant herein, the plaintiff, the respondent herein, had played a fraud on the Court by filing a suit for eviction on the basis that he was a landlord of the suit property when he was aware that he was the landlord of the suit property when he was aware that the property had changed hands due to an auction held by Vijaya Bank. The trial Court had allowed the application and dismissed the suit. The respondent had preferred an appeal which has been allowed. In my opinion, cogent reasons have been given by the appellate Court for reversing the order of the trial Court. Mr.Patil has relied on the judgment of the Supreme Court in the case of S.P. Chengalvaraya Naidu & Ors. vs. Jagannath & Ors., (1994) 1 SCC 1 to submit that a suit which is vitiated by fraud can be thrown CRA/260/2010 : 2 : out by the Court at any stage. The appellate Court has passed a discretionary order and held that it would be appropriate to frame issues and record evidence in the matter. In my opinion, no case for interference is made out. 2. The application is rejected.