Civil Procedure Code, 1908, Order 2, Rule 2, Limitation Act, 1963, Article 64 -- Tenant in possession of agricultural land - Collusive suit filed by third person, against landlord claiming tenancy rights - Suit decreed on the basis of admission of landlord - Tenant forcibly dispossessed - Suit for declaration challenging collusive decree filed by tenant - Collusive decree..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent finding of Courts below that decree was obtained by fraud and misrepresentation - Not open to challenge in second appeal...........
Civil Procedure Code, 1908, Section 47 -- Execution - Compromise decree - Question as to whether compromise decree was obtained by fraud or misrepresentation cannot be agitated in an execution petition - Question of fraud is to be agitated by way of a separate suit...........
Consent decree -- Fraud - Decree of Civil Court obtained by wife from husband - Circumstances indicate that appellant/husband is a simpleton, fact admitted by respondent/wife, was misled in putting his thumb impression on papers on the pretext of getting the land partitioned with collateral, coupled with pre-arranged plan to engage counsel and to draft suit, file it, get..........
Mental Health Act, 1987, Section 52, 53, 54 -- Mentally ill person - Guardian to take care of his person and manager for the management of his property - Consent decree obtained by wife by playing fraud on her husband - Appellant husband found to be a simpleton and a man of less intellect - Not in position to look after his interest - Cannot be left to be again defrauded..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Exparte divorce decree in favour of husband - Alleged to be obtained by fraud - Wife never appeared in Court and did not file her written statement - Husband acquitted in a proceeding initiated by wife u/s 498-A IPC - Case of wife that parties co-habited together and wanted to continue marriage cannot be accepted -..........
Collusive decree -- No details given in the plaint as to how plaintiff came to be owner in possession of the property of defendant - Neither any family settlement nor any gift pleaded therein - Defendant of unsound mind - Decree obtained by fraud to usurp the property - Decree null and void - Not binding on the rights of the parties...........
Civil Procedure Code, 1908, Section 47 -- Separate suit that decree was obtained by fraud or that decree is nullity and is inexecutable is maintainable...........
Fraud -- Any order or decree obtained by practicing fraud is a nullity...........
Fraud -- Decree or judgment obtained by playing fraud on Court - Such decree is a nullity and non est in the eye of law - If case is founded on false plea or on a claim which is known to be false and documents or transaction which have relevance in deciding claim are suppressed then the same amounts to fraud...........
