Law:

Section:

(a) Fraud-   Suit to set aside decree obtained by fraud Cannot be contested on plea that matter of fraud is res judicata.   Held, that it was a strange contention to put forward in a case where the decree is being challenged on account of fraud that the matter was res judicata. If that was so no suit for setting aside a decree or the ground of fraud could ever lie. If the decree in fact was obtained by fraud the decree was no decree- at all in the eye of law. Under section 44 of the Evidence Act any person who is sought to be bound by a decree is entitled to show that the decree was obtained by fraud. Even in the absence of this provision of the Evidence Act the plaintiffs could not have been prevented from leading evidence to establish that it was obtained by fraud. Fraud vitiates all proceedings and nothing that is product of fraud is of any validity.   (b) Fraud   -Decree, obtained by-Plaintiff's suit dependent on plea that he was entitled to certain property as heir of another Plaintiff surreptitiously including in suit property of defendant and getting a decree-Decree, held, obtained by fraud.   In a case which is being fought on one cause of action, namely, that the plaintiff is entitled to certain property as an heir of another, if property be introduced surreptitiously which has noth ing to do with that cause of action and a decree be secured in respect of that property the decree would be vitiated by fraud.   Such a case is not one merely of a false claim having been raised by the plaintiff.   Every representation made to a Court which is deliberately false amounts to a fraud and would vitiate a decree subject to the exception that a mere falsity of a claim to the knowledge of the person putting forward the claim would not be ground for setting aside the decree on the ground of fraud..   Dates of hearing : 15th December 1958, 2nd and 12th January 1959.   JUDGMENT   This revision petition arises under the following circum stances.   Kadirbux, respondent in this petition filed Suit No. 39 of 1951 in the Civil Court at Gambat, for possession by partition of some land alleging that the land in…