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Asharfi Lal vs Smt. Koili (Dead) By L.Rs. on 20 April, 1995

41. It has been authoritatively held in Asharfi Lal v. Koili in para 14 of the judgment that In other words, in cases where an inference of fraud or collusion can be drawn from the negligence or gross negligence of the next friend it would permissible for a minor to avoid the judgment or decree passed in the earlier proceeding by invoking Section 44, of the Evidence Act without taking resort to a separate suit for setting aside the decree or judgment.
Supreme Court of India Cites 19 - Cited by 53 - S C Agrawal - Full Document
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