Section 38: Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

1 question in 7 of our papers cite Section 38. Try these from the free papers:

1. 1. Under Section 38 of the BSA, a party to a suit or other proceeding may show that a judgment relevant under Section 34, 35 or 36, and proved by the adverse party:

   A.is erroneous in law or on facts and ought to have been decided the other way by that CourtB.was not challenged in appeal within the period of limitation prescribed for such an appealC.was delivered by a Court not competent to deliver it, or was obtained by fraud or collusionD.was passed ex parte, without the party having been heard on the merits of the case
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