suit filed to declare that the order passed by Debts Recovery Tribunal, Chennai, in respect of the plaintiff's property is nullified and not binding the plaintiff is maintainable. - which is alleged to have been obtained by playing fraud on the Tribunal - civil suit is maintainable.

2008 (1) CTC 471 (S.V.Subramaniam v. Cypress Semiconductor Technology India Private Limited, rep. by its Director, Mr.K.Viswanath, First Floor, No.56, Nandi Durga Road, Benson Town, Bangalore and others), wherein it has been held that suit is for declaration with regard to the order passed by the Debt Recovery Tribunal having been sought for, which is alleged to have been obtained by playing fraud on the Tribunal, we hold that the suit is not covered by the expression suit for land under Clause 12 of the Letters Patent (Madras) and the Suit cannot be dismissed on that ground and that the civil suit is maintainable. It is thus settled proposition of law that a judgement, decree or order obtained by playing fraud on the court, tribunal or authority is a nullity and non est in the eye of the law. Such a judgement, decree or order by the first court or by the final court has to be treated as nullity by every court, superior or inferior. It can be challenged in any court, at any time, in appeal, revision with or even in collateral proceedings.