Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under section 40, 41 or 42, and which has been proved by the adverse party, was delivered by a Court not competent to deliver it, or was obtained by fraud or collusion.
Section 44: Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
The Indian Evidence Act, 1872Central Act · Act 1 of 1872
Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Sakshya Adhiniyam, 2023, with effect from 1 July 2024
Where this provision sits
| Act | The Indian Evidence Act, 1872 |
|---|---|
| Section | 44 |
| Marginal note | Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved |
| Jurisdiction | Central |
| Status | Repealed |
| Judgments citing it | 2 |
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