Evidence Act, which reads as under:-
"44. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
Any party ... Evidence Act reads as follows:--
"Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.-Any party to a suit
2022.doc
reads as under:--
"44. Fraud or collusion in obtaining judgment, or
incompetency of Court, may be proved .-- Any party to a
suit ... Evidence Act reads as follows:
"Fraud or collusion in obtaining judgment, or
incompetency of Court, may be proved. Any
party to a suit
2022.doc
reads as under:--
"44. Fraud or collusion in obtaining judgment, or
incompetency of Court, may be proved .-- Any party to a
suit ... Evidence Act reads as follows:
"Fraud or collusion in obtaining judgment, or
incompetency of Court, may be proved. Any
party to a suit
party to set up his own fraud or collusion in procuring the former judgment in order to defeat it, certainly a startling proposition ... also apply for review of the judgment to the court which pronounced it. But the judgment may also be impeached in a collateral proceeding
prohibitive. It allows a party to prove fraud and collusion in order to avoid a judgment or order. But it does not go further ... declares that evidence directed to show that the judgment was obtained by fraud or collusion is relevant. So far whether Section 44 be regarded
CHAND GUPTA
Vs.
RESPONDENT:
RAGHUVANSHI PRIVATE LIMITED & ANR.
DATE OF JUDGMENT:
15/04/1964
BENCH:
GUPTA, K.C. DAS
BENCH:
GUPTA ... appellant has failed to establish
that the impugned decree was procured collusively.
JUDGMENT:
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 172 of 1964.
Appeal from
stated in an American case :
"A Collusive Judgment is open to attack wherever and wherever it may come in conflict with the rights ... creditors of the judgment-debtor. Hence, a judgment confessed without any consideration and with fraudulent intent, may be questioned by other judgment and execution-creditors
Mange Ram and others against Mai Dhan. In both the cases collusive judgments and decrees have been passed in favour of the defendant-respondents ... there is no challenge to those judgments and decrees by alleging that those were the result of collusive decree. Moreover, there is no issue framed
Judgments Section 42 refers to judgments relating to matters of a public nature relevant to the enquiry and the section states that such judgments, though ... judgments in rem are concerned, I think the matter is codified by Section 41 of the Evidence Act which states what judgments would be judgments
judgments. Section 42 refers to judgments relating to matters of a public nature relevant to the enquiry and the section states that such judgments, though ... judgments in rem are concerned, I think the matter is codified by Section 41 of the Evidence Act which states what judgments would be judgments
