THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 72 of 2009 ORDER: An un-numbered petition in CFR No. 1674 of 2008 filed under Section 151 of the Civil Procedure Code, 1908, seeking to recall final decree passed in I.A. No.130 of 2002 in O.S. No.165 of 1994 on the file of the Principal Junior Civil Judge, Parchur, was dismissed by the court below. Challenging the same, the present revision petition is filed. Learned counsel for the petitioner contended that so as to defeat the rights of the petitioner, a collusive decree is brought into existence by playing fraud on the court, and therefore it is liable to be recalled. Once a final decree is passed by a competent court, the remedy, if any, is to file an appeal. There is no provision under the Civil Procedure Code, 1908 to recall final decree passed by a civil court by the same court. The final decree is sought to be challenged on the ground of fraud. For that, there must be a pleading and evidence. For that purpose, the remedy is otherwise. Therefore, the court below rightly rejected the petition and there are no grounds to interfere with the same. However, this order will not preclude the petitioner from filing appropriate suit challenging the final decree on the ground of fraud. With the above observation, the Civil Revision Petition is dismissed. No costs. --------------------- (K.C.Bhanu, J.) 14.3.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 72 of 2009 14.3.2011 THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 72 of 2009 14.3.2011 Between: Arikatla Ramachandraiah …Petitioner And Chaganti Srinivasa Rao & others …Respondents