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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARENDRA KUMAR VYAS
Mukesh Kumar Agrawal S/o Om Prakash Agrawal – Appellant
Versus
Munni Devi W/o Ramprakash Agnihotri – Respondent
| Table of Content |
|---|
| 1. factual background and context of the dispute (Para 1 , 3) |
| 2. arguments of the defendant and plaintiff opposing claims (Para 4 , 12 , 13 , 14) |
| 3. court's analysis of the executed agreements and fraud (Para 11 , 15 , 19) |
| 4. legal principle that fraud vitiates all proceedings (Para 20 , 21) |
| 5. dismissal of appeal and order to vacate interim decisions (Para 22 , 23 , 24) |
JUDGMENT :
NARENDRA KUMAR VYAS, J.
1. This is defendant’s first appeal against the judgment and decree dated 31.03.2017 passed by the learned Second Additional District Judge, Raigarh, District-Raigarh (C.G.) in Civil Suit No. 16-A/2012 (Munni Devi Vs. Ganga Devi & others) by which the suit filed by the plaintiff has been decreed by declaring the order passed by the revenue authorities as null and void.
2. For the sake of convenience, the parties shall be referred to in terms of their status shown in Civil Suit No. 16-A/2012 before the trial Court.
3. Brief facts as reflected from plaint averments are that:-
(A) The plaintiff filed a suit for declaration of title, possession, canceling the agreement dated 05.05.2003 executed between sister of plaintiff-Munni Devi namely Gangadevi and Mukesh Kumar S/o Om Praka
Fraud vitiates all judicial acts; judgments obtained by fraud are null and void, as established in the Indian Contract Act, 1872.
Fraud vitiates all solemn acts and any instrument obtained through fraud is void.
The main legal point established in the judgment is the application of Order IX Rule 13 CPC for setting aside an ex-parte judgment obtained through fraud, highlighting the importance of timely and va....
Point of law: As per Section 6 of the Act, every entry in the record of rights shall be presumed to be true until the contrary is proved or until it is otherwise amended in accordance with the provis....
A decree obtained by fraud is a nullity and can be challenged in any court, as it vitiates all judicial acts.
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