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A decree obtained by fraud and misrepresentation 1. Can be challenge i


12-Sep-2023 (In Civil Law)
A decree obtained by fraud and misrepresentation 1. Can be challenge in a new suit? 2 . A appeal against a said decree will lie?
Answers (2)

Answer #1
511 votes
Dear Client,

Yes, It can be changed Subject to the limitaion period as per Civil Procedure Code 1908. You should have sufficient material on record to prove the same basis on facts and circumstances.
Thanks and Regards
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Answer #2
924 votes
Law is pretty much settled on this. A decree obtained by fraud is non est in law i.e. it does not exist at all. It can be challenged either by way of an application to the same court, in appeal or in a fresh suit. I hope this answers your query.
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