(Guest)

Fraud on Court

When court concludes fraud on Court was done by plaintiff , what action and under which provision court takes step and what is done against plaintiff ? Facts of case Plaintiff filled case , after some time defendant died before summon s were served , plaintiff inspite of knowledge of defendant published paper notice and got ex parted order against dead person and all favourable orders. When this was exposed by defendant s legal heir and submitted application under CPC 151 , death certificate of defendant . Judge says it seems it is case of fraud on Court. Death certificate was taken on record from legal heir of defendant , application to set aside all orders against dead person was taken including ex patee order , application was taken to abate suit from legal heir of defendant. All was taken on record and exhibited under provision of cpc 151 inherent powers of court Legal heir of defendant are not taken on record yet . But Hon. Judge suo moto said this is matter of fraud on Court . Myself legal heir of defendant Please refer to question posted at starting .

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7 Replies

Suri.Sravan Kumar (senior) 12 October 2016

since the judge noticed the fraud played by the Plaintiff the decree becomes null and void.You will be impleaded as LR of the Defendant.

Suri.Sravan Kumar (senior) 12 October 2016

He who approaches the court must come with clean hands

(Guest)

All Orders and decree against dead person is of no legal consequence. And it can be easily set aside on basis of death certificate. But what legal action court can take against person who does fraud on it in civil matter. Fraud provision are in IPC so whether court orders criminal proceeding against person who does fraud on Court or just simply impose cost. Now there is limit for cost to be imposed as judge can not impose cost higher than 3000 .

(Guest)

Myself bit puzzle in my case , because it is strange procedure blunder or fraud done by opp. Party

(Guest)

L.R. Of defendant should be taken on record in 90 days of death of party else suit abates , 60 days to set aside abatement , after that delay condolence application is required to be moved by plaintiff because he wants relief not legal heir of defendant. I will contest severely that plaintiff was aware and it is his negligence hence suit is abated . But was puzzled how proceeding under fraud on Court will move. Some time feel fraud comes in IPC so other proceeding under CrPC should start if proceeding under fraud on Court should officially start .not sure searching similar citations

Sood 13 October 2016

Charge him with criminal case. Burden on proof will be on u that plantiff was already known by the fact that the defendand has already dead and he wilfull cheated the court to get the decreed pass on his favour. Mere submitting death certifixate will not prove ur case strong. For more pm ms

(Guest)

Evidence I did not mention because such things are required to be kept private in public forum . But certainily all evidence are within frame work of Evidence Act.