Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
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Summary
If the other side has proved a judgment, order or decree, you may show it came from a court that had no jurisdiction or that it was obtained by fraud or collusion. Proving that fact weakens its value as evidence in the current proceeding and the court will treat it accordingly. This applies only to judgments or orders already proved by the adverse party.
Example
Priya is defending a suit where the plaintiff relies on a proved decree from another court. Priya produces evidence that the other court had no jurisdiction or that the decree was obtained by collusion. If the court accepts that, the proved decree will lose its force as proof against her.
Bare Act
Enacted textAny 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.
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