Consent decree -- Fraud - It is the settled proposition of law that a judgment or decree obtained by playing fraud on the court is a nullity and non est in the eyes of law - Such a judgment/decree, by the first court or by the highest court, has to be treated as a nullity by every court, whether superior or inferior - It can be challenged in any court even in collateral..........
Consent decree -- Fraud - Judgment and decree obtained by playing fraud - Appellant, rustic and illiterate woman, taken to Court by a relation on plea of creation of lease deed - In hurried manner, plaint presented, written statement drafted and filed, statement recorded and decree obtained within 3 days only on basis of consent in written statement - No iota of evidence..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise - Fraud - Interim order - Challenge to - Held, civil Court has jurisdiction in exercise of powers U.O.23.R.3 r/w Rule 3-A CPC to consider if compromise on the basis of which decree is based is not lawful - It is settled principle of law that fraud vitiates all proceedings - Any order obtained by playing fraud..........
Civil Procedure Code, 1908, Order 5, Rule 17, Hindu Marriage Act, 1955, Section 13 -- Divorce - Ex parte decree obtained by fraud - Setting aside of - Condonation of delay - Held, it is well known proposition of law that fraud vitiates everything - In a given case, delay of few days may not be condoned and in a given case, delay of years can be condoned, as per facts of..........
Consent decree -- Challenged to be the result of fraud - Signatures alleged to have been obtained on blank paper - Held, admission by making statement in Court stands on altogether different footing - Statement made in Court carries authenticity - It cannot be said that statement was recorded on blank paper already bearing thumb impressions/signatures of makers of the said..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Obtained by fraud by suppressing material facts from Court - Court under its inherent power can set aside such order of compromise...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3 -- Compromise decree - Fraud - Inherent powers of Court - Parties colluded with each other in keeping out applicants from suit and suppressing the fact of his share in suit property and obtained compromise decree by making the Court to believe that all share holders in suit property had settled their dispute by way..........
Civil Procedure Code, 1908, Section 151 -- Order obtained by fraud - Setting aside of - Application u/s 151 CPC - Maintainability - Held, an application u/s 151 of CPC can be moved to set-aside an order obtained by fraud practised upon Court or where Court is mislead by a party or Court itself commits a mistake which prejudices a party, who, is not to blame or when a..........
Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Dismissal of suit U.O.9.R.8 CPC - Another suit filed with the same subject matter by concealing the fact of dismissal of earlier suit - Decree passed in such a suit is fraud on Court - Civil Court is competent to declare such decree as illegal, which has been obtained by committing fraud on Court...........
Suppression of a material fact -- Amounts to fraud with Court - Decree obtained by playing fraud upon Court is illegal and Court is competent to set aside such decree...........
