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Hamza Haji vs State Of Kerala & Anr on 18 August, 2006

3. It is the settled position of law that an order obtained by fraud and collusion is not to be recognised by any Court and that even in collateral proceedings such order could be challenged on the ground that it is vitiated by fraud and collusion. That is because an order obtained by fraud or collusion has no force or sanctity under law. Authority for the proposition is available in the decisions in Jai Narain Parasrampuria (Dead) vs. Pushpadevi Saras and Ors. ((2006) 7 SCC 756), Hamsa Haji Vs. State of Kerala ((2006)7 SCC 416) and A.V Papayya Sasthri Vs. Govt. of A.P ((2007) 4 SCC 221).

Bava Hajee Hamsa And Ors. vs State Of Kerala on 21 February, 1974

In Hamsa Haji Vs. W.P(C).No.30526 of 2010 -: 6 :- State of Kerala (supra) the Supreme Court held that "when seeking to question the decision as vitiated by fraud, the proper course to adopt was to move the Court that had tendered the decision, by an application ............. The basic principle obviously is that a party who had secured a judgment by fraud should not be enabled to enjoy the fruits thereof".
Supreme Court of India Cites 4 - Cited by 22 - R S Sarkaria - Full Document
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