Law: Civil Procedure Code (V of 1908)

Section: 12(2)

(a) Civil Procedure Code (V of 1908)--- ----S.12(2)---Bar to further suit---Pre-conditions---For maintaining petition under S. 12(2), C.P.C., and for setting aside an order / judgment / decree, aggrieved person has to establish elements of fraud, misrepresentation, or illegality committed in order / judgment / decree in question. (b) Civil Procedure Code (V of 1908)--- -----S.12(2)----Word fraud ----Scope----Active concealment and suppression of facts in words and deeds is an essential ingredient of fraud----Fraud cannot be inferred by mere assertion, rather it must be proved through strong, independent, clear and convincing evidence----Burden is heavier in the cases in which a long period has passed since passing of degree or judgment under which valuable rights accrue in favour of opposite party. (c) Civil Procedure Code (V of 1908)--- -----S. 12 (2)----Judgment, setting aside of----Plea of fraud----Principal and attorney relationship----Compromise by attorney in absence of principal----Applicant was aggrieved of disposal of constitutional petition filed by respondents on the basis of compromise effected by attorney in his absence----Validity----Fraud vitiates solemn proceedings and time does not sanctify action of fraud and misrepresentation----No inference of fraud can be drawn merely on the basis of oral assertion in absence of any proof of allegation of fraud----Applicant took plea of fraud and was under heavy burden to substantiate allegation of fraud through clear and convincing evidence----Applicant was not able to discharge his onus to the satisfaction of law----Evidence recorded in civil suit and evidence brought on record in proceedings under S.12(2), C.P.C., did not suggest any concealment or suppression of material facts by respondents----Factum of fraud or misrepresentation or lack of jurisdiction were sine qua non for maintaining and allowing application under S. 12(2), C.P.C.---Mere bald submission of applicant that he was not present personally on the date fixed could not be entertained as against the law that principal was bound for the acts done by his validly appointed attorney----High Court in exercise of powers under S.12(2), C.P.C.,…

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