Court has inherent power especially under Section 151 of the Code of Civil Procedure to recall its judgment or order if it is obtained by playing fraud on court and that in the case of fraud on a party to the suit or proceeding, court may direct the affected party to file a separate suit to set aside the decree obtained by fraud
(1996 (5) SCc 550)
1996 AIR SCW 3228
AIR 1996 SC 2592
Indian Bank v. Satyam Fibers (India) Pvt. Ltd
in which it is held that judiciary in India possesses inherent power especially under Section 151 of the Code of Civil Procedure to recall its judgment or order if it is obtained by playing fraud on court and that in the case of fraud on a party to the suit or proceeding, court may direct the affected party to file a separate suit to set aside the decree obtained by fraud
Comments
Post a Comment