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How to recall the judgment obtained by the false evidence?

Shivendra Pratap Singh

Advocate

24/06/2020

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I want to recall the judgment of the court. The company has committed fraud and filed false evidence before the court. I knew nothing about that evidence therefore I relied upon. After the pronouncement of judgment, the fraud disclosed after reviewing of the judgment. Consequently, I want to challenge the judgment. Sir, what is the possibility in my case? Can the court recall its judgment?

Questing from: Rajasthan

You should file a review petition before the court for recalling of its judgment. The company has committed fraud and adduced forged evidence. That evidence became the record of the case, therefore, the company cannot deny it in the review petition. The court has passed its judgment on that evidence and I am sure that the court would have referred the evidence in the judgment.

Section 151 & 114 of the CPC (Code of Civil Procedure)

Section 151 of the CPC gives inherent power to the court for doing justice. The court can recall its judgment in the exercise of its inherent power under section 151 CPC. Fraud itself vitiates the proceeding either civil or criminal. When the company obtained the judgment by fraud so the court will correct its judgment in the light of true evidence.

Section 114 of the CPC empowers the court to review the judgment if it has any apparent error. A judgment based upon fraudulent evidence is an apparent error which must be rectified. Therefore, you must file a review petition, under section 151/114 CPC, before the same court for recalling of the judgment.

Recall the judgment

The company has cheated the court through adducing fraudulent evidence. This act of the company has affected the solemnity of the judgment. Therefore, the company is not entitled to enjoy the finding of that judgment. This judgment became erroneous due to forgery of the decree-holder.

You have been suffering from that judgment because the opposite party has obtained it by fraud. In this situation, it is highly advisable to recall the judgment.

Indian Bank v. Satyam Fibres (India) (P) Ltd., (1996) 5 SCC 550  the Supreme Court held that Since fraud affects the solemnity, regularity and orderliness of the proceedings of the court and also amounts to an abuse of the process of the court, the courts have been held to have inherent power to set aside an order obtained by fraud practised upon that court. Similarly, where the court is misled by a party or the court itself commits a mistake which prejudices a party, the court has the inherent power to recall its order.

File an FIR against the company

The company had knowingly and intentionally adduced fraudulent & forged evidence. This is an offence under section 463 of the Indian Penal Code (IPC). It has made the false document to obtain that judgment therefore it has also committed an offence under section 465 IPC.

The company has knowingly used the forged document in the judicial proceeding as genuine thereby it has also committed an offence under section 471 IPC. Therefore, you may file an FIR under section 463/465/471 IPC.

You can simultaneously initiate a criminal and civil proceeding against the company. The director of the company or the person who had signed the affidavit will be liable for the offence.

Not necessary to send a legal notice

In these circumstances, it is not necessary to send a legal notice to the company before initiate civil and criminal proceeding. You can directly approach the civil court through filing a review petition. Additionally, you can directly file an FIR for the offence of forgery. You should file the review petition to recall the judgment within the limitation period.

According to the Limitation Act 1963, there is 30 days limitation period for filing of the review petition. If the limitation period has expired then you can take recourse of section 5 of the Limitation Act. the court can condone the delay if it is a bona-fide fault of the petitioner in filing the review petition.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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