Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.

What this section does

Any party to a suit or proceeding may challenge a judgment, order, or decree that is relevant under sections 34, 35, or 36 and has been proved by the adverse party, by showing that it was delivered by a court lacking competence or was obtained by fraud or collusion. This is an exception to the general rule of conclusiveness of judgments.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

A relevant judgment proved by the adverse party may be impeached by showing incompetence of the court or fraud or collusion in obtaining it.

When it applies

• A party proves a probate decree under s.35; the other party may show the probate court lacked jurisdiction to grant probate.
• A decree relied upon under s.36 may be challenged by showing it was obtained by collusion between the parties to the earlier suit.

Derived from IEA s.44.