Fraud on Court

Fraud on Court

Fraud = “Fraud and justice never dwell together” (frans at jus nunquam cohabitarant).

Chief Justice Edward Coke of England observed, about three centuries ago, that “Fraud avoids all judicial acts, ecclesiastical or temporal”

No Court or Tribunal can be regarded as powerless to recall its own award if it is proved that it was wangled through fraud or misrepresentation.

It is the settled proposition of law that a judgment or decree obtained by playing fraud on the court is a nullity and ‘non est’ in the eyes of the law.

Such a judgment/ decree granted by the first Court or by the Highest Court have to be treated as a nullity by every Court, whether superior or inferior.

It can be challenged in any court even in collateral proceedings.

Since the fraud affects the solemnity, regularity and orderliness of the proceedings of the court and also amounts to an abuse of the process of court, the Courts have been held to have inherent power to set aside an order obtained by fraud practiced upon that court.

Similarly, where the Court is misled by a party or the Court itself, commits a mistake which prejudices a part, the Court has the inherent power to recall its order.