Civil Procedure Code, 1908, Section 151 -- Judgment or order obtained by fraud - Court can recall its own order - (a) Any judgment or order obtained by fraud cannot be said to be a judgment or order in law and such judgment decree or order is nullity and non est in the eye of law and can be challenged even in collateral proceedings; (b) Fraud is an act of deliberate..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - No question of res judicata in a case where signs of fraud or collusion are transparently pregnant or apparent from facts on record...........
Civil Procedure Code, 1908, Section 13 -- Foreign judgment - Not conclusive as to any matter directly adjudicated upon between the parties if : (a) it has not been pronounced by a court of competent jurisdiction; (b) it has not been given on the merits of the case; (c) it is founded on an incorrect view of international law or a refusal to recognize the law of India in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action is a bundle of facts which are required to be pleaded for purpose of obtaining relief claimed in suit - Material facts are required to be stated but not evidence except in certain cases where pleadings relies on any misrepresentation, fraud, breach of trust, willful default or undue..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3 -- Withdrawal of suit - Recall of order - Court can invoke its inherent powers u/s 151 CPC and can set aside the order permitting withdrawal of suit if it is proved that the party had not given any instructions to his counsel to withdraw the suit or that there was no such settlement out of Court and that the party..........
Civil Procedure Code, 1908, Order 7, Rule 11, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34 -- Declaratory suit pertaining to forged guarantee documents - Rejection of plaint - Jurisdiction of civil Court - Held, S.34 of the Act bars jurisdiction of civil Court in case documents of loan/guarantee..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Suit challenging decree based on award in arbitration proceedings - Bar to suit - Allegation made in plaint is not that compromise on which decree is based was not lawful - Allegation was that decree itself was obtained by practicing fraud upon plaintiff - Held, bar U.O.23.R.3-A not applicable to the..........
Civil Procedure Code, 1908, Order 23, Rule 3A, Arbitration and Conciliation Act, 1996, Section 32 -- Suit challenging decree based on arbitration award on the allegation that decree was obtained by fraud and misrepresentation is not barred u/s 32 r/w S.47 of Arbitration Act and such suit is maintainable before Civil Court...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Setting aside - Once there is specific allegation regarding fraud, misrepresentation, coercion as well as pressure and getting the signatures on blank paper then Court has rightly allowed the application of defendants and allowed to appear and contest the suit by filing the written statement - So far as the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for declaration that sale deed is null and void and result of fraud and misrepresentation - Amendment of plaint sought on the ground that after filing of written statement plaintiff came to know about a forgery and the same was sought to be incorporated by way of amendment of plaint - Amendment..........
