IEA Section 44 — Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved

Summary

If you are involved in a court case, you can prove that a previous judgment or court order that the other side has presented as evidence is not valid. You can do this by showing that the court that made the decision did not have the legal authority to do so, or that the judgment was obtained through fraud or by secretly working together with the other side.

Official Text

Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under sections 40, 41 or 42 and which has been proved by the adverse party, was delivered by a Court not competent to deliver it, or was obtained by fraud or collusion.

Sections referred to

• IEA §40 — Previous judgments relevant to bar a second suit or trial
• IEA §41 — Relevancy of certain judgments in probate, etc., jurisdiction

Related Judgments

• CHAMBER SUMMONS NO. 88 OF 2012; EXECUTION APPLICATION NO. 1359 OF 2011 vs Omprakash Dalmia and Others — Bombay High Court (Mumbai Principal Seat) (2022)
• JAI NARAIN PARASRAMPURIA (DEAD) AND ORS. vs PUSHPA DEVI SARAF AND ORS — Supreme Court of India (2006)
• RAJAN RAI vs STATE OF BIHAR — Supreme Court of India (2005)
• SATYA vs TEJA SINGH — Supreme Court of India (1974)
• JADU GOPAL CHAKRAVARTY (DEAD) AFTER HIM HIS LEGAL REPRESENTATIVES vs PANNALAL BHOWMICK AND ORS — Supreme Court of India (1978)

Old <-> New Code Mapping

• BSA §38 — Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved