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Mahesh Chand Gupta (Proprietor)     26 March 2022

Enforceability of a upper court order based on fake facts

An accused in a case of specific performance had filed an application for re-cross examination of the petitioner on false grounds resulting in rejection by the civil court. Thereafter, the application moved for a revision in the upper court with completely different facts about the matter in hand and got passed an order in his favor for re-cross examination. The facts of the case on the basis of which the revision order was passed were prima facie false and far from the documents available in the file. Is such an order based on false facts enforceable in the lower court? Can the petitioner challenge applicability of such an order in the lower court itself as the order is not relevant to the actual facts of the case and hence void? Please answer.



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