Indian Evidence Act, 1872

Section 44: Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved

Repealed. Repealed from 1 July 2024. Use it for proceedings preserved by BSA section 170, including specified matters that were pending immediately before commencement.

Part I — Relevancy of Facts

44. 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.

O PINIONS OF THIRD PERSONS WHEN RELEVANT

Source: official text of the Indian Evidence Act, 1872.