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Sri Hema Reddy vs Smt Jayamma on 22 August, 2017 cites

S.P. Chengalvaraya Naidu (Dead) By ... vs Jagannath (Dead) By L.Rs. And Others on 27 October, 1993

In S.P.Chengalvaraya Naidu (dead) by L.Rs. vs. Jagannath (dead) by L.Rs. & others [(1994)1 SCC 1], it has been held that a judgment or decree obtained by playing fraud on the Court is a nullity and non est in the eyes of law. Such a judgment and decree by the first Court or by the highest Court has to be treated as a nullity by every Court, whether superior or inferior. It can be challenged in any Court, even in a collateral proceeding. When the effect of a fraudulent judgment or decree is to give it a stamp of nullity, then to obtain such a stamp of nullity, it is necessary that the allegation of fraud must be established in a Court of law. Fraud is not a innocuous allegation, but a serious allegation. No party can allege fraud and get away by alleging the same, without establishing it in a Court of law.
Supreme Court of India Cites 0 - Cited by 1512 - K Singh - Full Document
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