Guardianship - by fraud

This query is : Resolved 

02 August 2013

petitioner obtained exparte guardianship order by fraud with false evidence. now respondent filed restoration or guardianship petition , resp. want to mark the deposition of perivious case as a document , is it possible .. any citation pl... guide me . thanks to all

Devajyoti Barman (Expert)
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02 August 2013

The court always frown upon the fraud committed on it.It also does not recognise such decree which is obtained by commission of fraud.
So highlight the fraud and get the fruit out of turn of tide.

prabhakar singh (Expert)
02 August 2013

In a fraud case not citation but evidence would be required.It is often easy to plead and difficult to prove.

Citations are irrelevant as against proof about bare facts. Frauds are not proved through citations, but with facts.

Rajendra K Goyal (Expert)
02 August 2013

Agree nothing more to add.

raj kumar makkad (Expert)
03 August 2013

This is a procedural law that the earlier decree obtained on fraud has to be challenged before the same court so what is the need to get it exhibited?

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