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T.K.DAS   23 December 2021

Section 44 of indian evidence act

Has anybody any experience in writing an application or pleading to attract provisions of Section 44 of Indian Evidence Act to defend a party against a decree obtained by fraud? If you have any experience in this area, please share your contact details. Regards, TK Das. 


 2 Replies

Kawmini Liyanage   24 December 2021


Section 44 sets down that a party to a suit or other proceeding may show that a judgment, order or decree has been granted in either a civil or criminal suit;Which is relevant under

(i) section 40, where the judgment inter-parties operate as res-judicata;

(ii) section 41, which is considered as a judgment-in-rem;

(iii) section 42, where the judgment is relating to a public matter;

and proved by the adverse party;

It was passed by a court;

  • which had no jurisdiction to pass it; or
  • it was obtained by fraud or collusion.


Kawmini Liyanage.

1 Like

T.K.DAS   24 December 2021

My question was whether you have any experience in drafting an application or any pleading to defend a party against decree obtained by fraud under Section 44 of Indian Evidence Act. 

So, have you drafted any application or any pleading to attract the provisions of Section 44 of Indian Evidence Act? Do you have experience in this area? 

If yes, then please share your contact details. 



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