AI Overview...
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Limitation to File Petition for Playing Fraud on Court - Petitions alleging fraud must be filed within the prescribed limitation period, typically three years from the date the right to apply accrues, as per Article 137 of the Limitation Act. Delay beyond this period renders such petitions barred SRI. SRINIVASA REDDY T. vs SMT. MADAMMA, by NAGAVENI W/O LATE VEERAIAH - Karnataka.
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Fraudulent Means and Its Effect on Court Proceedings - Courts have emphasized that when a decree or order is obtained by playing fraud or through deceitful means, it is considered a nullity and can be challenged at any time. Such fraud vitiates the decree, and the suit itself can be dismissed or set aside on this ground P. Subramani VS A. Periyasamy - Madras, Komatireddy Janakiram Reddy VS State of Telangana - Current Civil Cases, Mullo VS State of M. P. - Madhya Pradesh.
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Filing of Writ Petitions and Civil Suits - While writ petitions under Article 226 can be filed in cases of fraud, especially where the judgment or decree is obtained through fraud, the appropriate remedy often involves filing a civil suit to establish the true rights, particularly when disputed questions of fact are involved Komatireddy Janakiram Reddy VS State of Telangana - Current Civil Cases.
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Limitation and Procedure for Setting Aside Ex-Parte Decrees - The limitation for setting aside ex-parte decrees is generally 30 days from the date of knowledge of the order, but this can be extended under Section 5 of the Limitation Act if the delay is properly condoned. Fraudulent concealment or playing fraud can justify the setting aside of such decrees even beyond the limitation period DEBASISH DEB ROY VS KARUNA DEB ROY - Calcutta.
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Collusive Decrees and Their Nullity - Decrees obtained through collusion or fraud are considered void and can be challenged at any time, emphasizing that courts should see that such fraudulent decrees are wiped off from the record to prevent misuse of judicial process Meerabai (Since Deceased Represented by LR daughter) D. Nagamallika Devi VS S. R. Sadasivam - Madras, M. Antonysamy VS S. Mumtaj - Madras.
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Special Cases and Exceptions - In cases involving land records or entries made fraudulently, limitation may not apply, and the question of time bar is often set aside to prevent injustice. Similarly, in certain contexts like correction of entries or registration, the limitation period may not arise Mandir Shri Garud Govindji Banke, Shivpuri VS State of M. P. - Madhya Pradesh.
Analysis and Conclusion:
The Indian judiciary recognizes playing fraud on the court as a serious misconduct that renders decrees null and void. Petitions challenging such frauds are generally governed by the limitation period of three years under Article 137 of the Limitation Act, but exceptions exist, especially when fraud is concealed or ongoing. Courts have consistently held that fraud vitiates all proceedings and that remedies include filing writ petitions or civil suits to set aside fraudulent decrees. The key is timely action, though courts also safeguard against misuse by allowing challenges beyond limitation in cases of fraud or collusion.
Search Results for "Limitation to File Petition for Playing Fraud on Court in India"
2013 0 Supreme(Mad) 3613 • India - Madras
B.RAJENDRAN
by playing fraud on the Court. ... The respondent obtained possession of the property by adopting deceitful means and playing fraud on the Court. ... The court emphasized the duty to see that the suit itself is wiped off from the file when fraud and collusion are palpable. ... deceitful means and by playing fraud on the Court. ... Inasmuch as the exparte decree dated 10.02.2004 w....
2013 0 Supreme(Mad) 2541 • India - Madras
K.RAVICHANDRA BAABU
decrees in two partition suits, claiming that the decrees were obtained by playing fraud on the petitioner's mother. ... Fraud - Civil Revision Petitions - The court dismissed the petitions challenging the judgment and decree in two suits, emphasizing ... the decrees or file an appeal against the judgment and decree before the appropriate court. ... According to the learned counsel it had been done by playing fraud....
• India - Current Civil Cases
SATISH CHANDRA SHARMA, N.TUKARAMJI
In case appellant/petitioner is claiming title over entire property, disputed question of facts cannot be looked into in a writ petition ... but it can be evidence of fraud – Suppression of a material document would also amount to a fraud on court – Fraud vitiates every ... under Article 226 of Constitution of India and appropriate remedy is to file a civil suit, wherein on the basis of evidence adduced ... It is thus settled proposition of law that a judgment, decree or order obtained....
2019 0 Supreme(Mad) 2763 • India - Madras
N.ANAND VENKATESH
upon pertains to and suit is filed Court below did not even consider whether suit itself is maintainable in view law Limitation ... Procedure Code,1908 - Order 20 - Rule 5 - Inquiry - Claim Decided - Petitioner is the third party and he has filed this Civil Revision petition ... respondent/ defendant is submitting himself decree - If this is not done Courts will be used by parties to obtain collusive decrees - Petition ... Chennai as the filing of the Execution Petition itself is by resorting to #HL_STA....
2025 Supreme(Online)(Kar) 16463 • India - Karnataka High Court
M.NAGAPRASANNA, J
Act - Article 137 - Petition barred by limitation as the right to apply had not been established - The Court emphasized that technicalities ... petition. ... (Paras 2, 3, 4, 6, 7) ... ... (B) Limitation ... It is also further pertinent to note that, Article 137 of the Limitation Act mandates on part of the petitioner file petition within 3years from the date of when the right to accrues. It is therefore, apparently the petition is....
2013 0 Supreme(MP) 520 • India - Madhya Pradesh
S.K.Gangele, M.K.Mudgal
in name of wife of Pujari fraudulently -- for correction of such entries -- question of limitation does not asise -- writ appeals ... .) -- S. 115 -- limitation -- land recorded in name of temple upto Samvat 2006 -- in Samvat 2007 -- entry as maurusi tenant changed ... petition is allowed to be withdrawn since the petitioners state that they want to file a writ petition in the High Court. ... Sarvadi Bai was made ''Bhoomiswami'' of the land by plying fraud#H....
2024 0 Supreme(Kar) 63 • India - Karnataka
V. SRISHANANDA
the Lok Adalath is to file a writ petition under Article 226 and/or Article 227 of the Constitution of India. ... compromise decree passed in the Lok Adalath is to file a writ petition under Article 226 and/or Article 227 of the Constitution ... a writ petition under Article 226 and/or Article 227 of the Constitution of India. ... No.358/2015 is a nullity and not binding on the plaintiff as it is obtained by playing fraud, in the interest of justice and equity. ... (....
2013 0 Supreme(MP) 380 • India - Madhya Pradesh
S.K.GANGELE
.) -- S. 50 -- suo motu revision -- limitation for -- illegal order of subordinate Court -- from date of knowledge -- no bar of limitation ... He, therefore, contended that the decree was obtained by playing fraud on the Court and was a nullity. The trial Court upheld the contention and dismissed the application. ... I do not find any merit in this petition. It is hereby dismissed. No order as to costs. ... It is thus settled proposition of law that....
2004 0 Supreme(Cal) 101 • India - Calcutta
S.P.TALUKDAR
ASIDE EX PARTE DECREE - SERVICE OF SUMMONS - FRAUD UPON THE COURT - INTERPRETATION OF SECTION 5 OF LIMITATION ACT AND ARTICLE 123 ... FAMILY LAW - SETTING ASIDE OF EX PARTE DECREE - LIMITATION - CONDONATION OF DELAY - APPLICABILITY OF SECTION 5 OF LIMITATION ACT ... OF LIMITATION ACT - RELEVANCE OF DELAY IN FILING APPLICATION FOR SETTING ASIDE EX PARTE DECREE - APPLICABILITY OF SECTION 5 OF LIMITATION ... It was argued that the limitation is 30 days ....
2018 0 Supreme(Mad) 4484 • India - Madras
M.S.RAMESH
an exemplary costs of lakh can be imposed on these respondents - Civil Revision Petition Allowed ... - Whether revenue records relating to properties mentioned in suit and in this writ petition stand either in name of petitioner ... finality - It is also possible for anyone to get a decree from Civil Court either by adopting fraud or collusion - Hence it is always ... Therefore, in either of the situations or any such other situations, a writ petition would lie. Who can file writ #HL_....
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