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ARTICLE · 23 OCTOBER 2000

Executability & Enforceability Of Foreign Judgments And Decrees In India: Judicial Trends ~ Part 4

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E. Where It Has Been Obtained By Fraud:

The following cases show where judgments are construed to have been obtained by fraud.

In the case of Satya v. Teja Singh79 the Supreme Court held that since the plaintiff had misled the foreign court as to its having jurisdiction over the matter, although it could not have had the jurisdiction, the judgment and decree was obtained by fraud and hence inconclusive.

In the case of Sankaran v. Lakshmi80 the Supreme Court held as follows:

"In other words, though it is not permissible to show that the court was mistaken, it might be shown that it was misled. There is an essential distinction between mistake and trickery. The clear implication of the distinction is that an action to set aside a judgment cannot be brought on the ground that it has been decided wrongly, namely that on the merits, the decision was one which should not have been rendered but that it can be set aside if the Court was imposed upon or tricked into giving the judgment."

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