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Anita Anu   24 September 2022

decree

A decree obtained by fraud and misrepresentation
1. Can be challenge in a new suit?
2 . A appeal against a said decree will lie?


Learning

 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     24 September 2022

I opine, Appeal for such decrees may lie on an original decree passed ex parte. 

Dr J C Vashista (Advocate)     25 September 2022

Please refer to the Supreme Court of India case titled H.S.Goutham vs Rama Murthy And Anr. Etc. decided on 12 February, 2021 in Civil Appeal No. 1844 of 2010 with Civil appeal No 1845 of 2010

N.K.Assumi (Advocate)     25 September 2022

I am of the view that as provided under the Indian evidence Act and the Civil Procedure Code, any judgment and decree obtained by fraud cannot be executed. once the fraud is proved. It is not necessary to file a new suit or an appeal to challenge such decree obtained by fraud, and to set aside such decree you can file an application before the court that passed the decree.


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