Civil Procedure Code, 1908, Section 11 -- Res judicata - Exparte decree - Even an ex parte decree is as good and effective as a decree passed after contest and operates as res judicata unless the party challenging the decree satisfies the Court that ex parte decree was obtained by fraud...........
Civil Procedure Code, 1908, Section 2(2), Order 1, Rule 9, Civil Procedure Code, 1908, Order 22, Rule 4 -- Decree - Binding nature on a legal representative not impleaded - Ordinarily a decree is not binding upon a legal heir who is not impleaded but some of the exceptions are : when estate of deceased was sufficiently represented or when plaintiff had impleaded all the..........
Civil Procedure Code, 1908, Section 9, Order 1, Rule 8 -- Jurisdiction - Civil Court to decide all civil suits unless barred - Suit for declaration that decree obtained is null and void and not binding as being obtained by fraud, collusion, illegal and without jurisdiction - Suit in representative capacity - No proclamation in village as required by O.1.R.8 CPC - Held,..........
Unclean hands -- A litigant who approaches the Court, is bound to produce all the documents executed by him which are relevant to the litigation - If he withholds a vital document in order to gain advantage on the other side, then he would be guilty of playing fraud on the Court as well as on the opposite party - A judgment and decree obtained by fraud does not operate as..........
Consent decree -- Challenged on grounds of fraud and impersonation - Set aside on following grounds - - (i) Summons for service of defendant sent on wrong address, not served upon her. (ii) Advocate alleged to have appeared on behalf of defendant, well acquainted with plaintiff and his father. (iii) Statement of plaintiff in the said suit and advocate reveals that..........
Consent decree -- Challenged in civil suit on grounds of fraud & impersonation - Suit resisted on the ground that another decree suffered by the plaintiff in favour of her brother in respect of land situated in other village, inherited from maternal side, therefore, she could very well suffer decree in respect of land inherited from paternal side - Sufferance of the decree..........
Civil Procedure Code, 1908, Section 11 -- Exparte decree - Res judicata - Exparte decree is as good and effective as a decree passed after contest - Exparte decree operates as res judicata unless the party challenging the decree satisfies Court that ex parte decree was obtained by fraud...........
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...........
