Wednesday, 15 November 2017

Judgment or Order of a Court obtained by fraud is a nullity and non-est in law.-A.V. Papayya Sastry v. Govt. of A.P.; (2007) 4 SCC 221



Judgment or Order of a Court obtained by fraud is a nullity and non-est in law.-A.V. Papayya Sastry v. Govt. of A.P.; (2007) 4 SCC 221

Apex Court observed that such judgment and decree obtained by playing fraud - can be challenged in any court at any time and when a judgment is obtained by a fraud, this is an exception to Article 141 of the Constitution of India and doctrine of merger-


“If any judgment or order is obtained by fraud, it cannot be said to be a judgment or order in law. A judgment, decree or order obtained by playing fraud on the Court, Tribunal or Authority is a nullity and non est in the eye of law. Such a judgment, 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, writ or even in collateral proceedings.”

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