Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
The Bharatiya Sakshya Adhiniyam, 2023
38. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.
Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under section 34, 35 or 36, and which has been proved by the adverse party, was delivered by a Court not competent to deliver it, or was obtained by fraud or collusion.
Notes
Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
Indian Evidence Act, 1872
44. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under section 40, 41 or 42 and which has been proved by the adverse party, was delivered by a Court not competent to deliver it, or was obtained by fraud or collusion.
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