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SANJAY VASHISTH
Surat Singh now deceased through LR – Appellant
Versus
Gram Panchayat of Village Gumar – Respondent
| Table of Content |
|---|
| 1. challenge to previous judgment based on fraud. (Para 2 , 3) |
| 2. trial court's consideration and framing of issues. (Para 4 , 5) |
| 3. legal consequences of obtaining a judgment through fraud. (Para 6) |
| 4. judgment and decree can be challenged if fraud is involved. (Para 7 , 10) |
| 5. affirmation of lower court's findings and dismissal. (Para 11) |
JUDGMENT
Sanjay Vashisth, J. (Oral)
CM-425-C-2020
For the reasons set out in the application, the same is allowed. Consequently, the delay of 06 days in re-filing the accompanying appeal is hereby condoned.
Civil Miscellaneous application stands disposed of.
RSA-162-2020 (O&M)
Present Regular Second Appeal (RSA) has been filed by the defendant (appellant herein) against the concurrent finding of decreetal of suit by the Courts below, which was filed by the Gram Panchayat.
2. Plaintiff - Gram Panchayat (respondent herein) filed a suit for declaration, to the effect that judgment & decree dated 11.04.1990, passed in Civil Suit bearing No.301 of 1988, by the Court of learned Senior Sub Judge, Sonipat, are wrong, void and illegal and for consequential relief of permanent injunction, restraining the defendant from dispossessing the plaintiff
A temporary injunction requires a prima facie case, balance of convenience, and irreparable loss; failure on any component leads to dismissal.
Fraud - Fraud has been defined in Section 17 of the Contract Act to mean as Fraud means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his ag....
What would be a ‘material fact’ would depend upon facts and circumstances of each case.
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....
The court affirmed that prior judgments establishing land ownership create a statutory bar against subsequent claims, emphasizing the binding nature of res judicata.
Fraud vitiates all judicial acts; judgments obtained by fraud are null and void, as established in the Indian Contract Act, 1872.
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