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.
CHAPTER II.––OF THE RELEVANCY OF FACTS · JUDGMENTS OF COURTS OF JUSTICE WHEN RELEVANT
Section 44: Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
The Indian Evidence Act, 1872 (repealed)
Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.
Now in the BSA
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
| 44. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved. | BSA 38 |
Questions on this section
1 question in 7 of our papers cite Section 44. Try these from the free papers:
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: