cannot go behind
the decree so as to decide the question of correctness and validity of
the decree, when the decree has become final ... consent decree at least on 21.06.1996.
Instead of challenging the said consent decree on the ground that it
was obtained by fraud, the judgment debtors
decree
after five years of the decree. The said suit was barred by time
and the same was not an exparte decree. In fact ... indicate any
details of intrinsic fraud. Extrinsic fraud, if any, cannot be a
ground to set aside the decree and the same is not pleaded
either on the ground of fraud in the execution, proceeding or on the ground of fraud in obtaining the decree.
23. I would therefore allow ... either on the ground of fraud in the execution proceedings or on the ground of fraud in obtaining the decree.
27. In view
decree on the arbitration award of the 18th August 1903, and the consent-decree of the 15th June 1904, were vitiated by fraud and were ... however, a decree is based upon a writing authorising a particular decree to be made or otherwise adjusting the controversy, if the decree
decree obtained by fraud or for other relief on the ground of fraud was three years from the date when the fraud became known ... examine the plea of fraud. It is also well settled that fraud vitiates all solemn acts. Though a plea of fraud was taken up before
validity or the invalidity of a decree can do so indirectly. If a decree obtained by fraud is a nullity and is wholly void (which ... decree. In the same case, Baggallay, L.J., no doubt said that under the old practice when a decree has been obtained by fraud
since the date of the decree and the decree-holder had made prior application for execution. The assignee decree-holder claimed exemption from ... decree at some time within twelve years immediately before the date of the application to execute the decree. Defendant 2 did not commit any fraud
validity or the invalidity of a decree can do so indirectly. If a decree obtained by fraud is a nullity and is wholly void, (which ... decree. In the same case Baggallay, L.J., no doubt said that under the old practice when a decree had been obtained by fraud
ground for setting aside of
a decree, has to be in obtaining the decree. The fraud, that will enable
the Court to set aside ... decree at the instance of a party to the
decree, must be a fraud which is extraneous to the decree. The fraud
which entitles
fraud. It is also well settled that the fraud contemplated by Section 18 , Limitation Act, is not confined to fraud committed at the inception ... cause of action but may include fraud committed before that date. Where fraud has been committed by the decree-holder in bringing the property
