Decree or order obtained by playing fraud on the court, tribunal or authority is a nullity and non est in the eye of the law. Such a judgment, decree or order by the first court or by the final court has to be treated as nullity by every court, superior or inferior. It can be challenged in any court, at any time, in appeal, revision, writ or even in collateral proceedings and the same was upheld by High Court of Delhi through the learned bench led by Justice Prathiba M. Singh in the case of NARESH KHER vs. S JAGJIT SINGH & ORS. [CM APPL.10276/2019] on 03.02.2022.
The facts of the case are that the suit property was claimed to have been allotted by the DDA in favour of one Mrs. Narmada Devi (Respondent) who along with her son, Mr. Deepak Varshney entered into multiple agreements of sale deeds in respect of the same suit property. The said owner has collected huge sums of money from the persons with whom agreements were entered into. Mr. Jagjit Singh claimed that he had an agreement to sell and purchase in respect of the suit property. However, no documents in respect thereof were disclosed to the Police.
Criminal complaints were filed against Mrs. Narmada Devi and her son. They were arrested and remained in custody for more than four years and was given bail thereafter.
The petitioner’s counsel submitted that the entire decree was obtained by fraud inasmuch as at no point in time was the Court informed about any of the other agreements subsequently executed with the other parties and neither was the information about the suit filed by Mr. Jagjit Singh disclosed to the other parties. It was further submitted that Mr. Jagjit Singh has made a deliberate effort to conceal the proceedings filed by him seeking specific performance.
The respondent’s counsel submitted that a third-party purchaser who may have purchased the suit property during the pendency of existing litigation does not have any locus to file objections.
According to facts and circumstances of the cases, Court held that all parties to the case shall maintain the status quo in respect of title and possession of the suit property and shall not create any third-party interest in the suit property.
The Court observed that, “decree or order obtained by playing fraud on the court, tribunal or authority is a nullity and non est in the eye of the law. Such a judgment, decree or order by the first court or by the final court has to be treated as nullity by every court, superior or inferior. It can be challenged in any court, at any time, in appeal, revision, writ or even in collateral proceedings”.
Judgment reviewed by – Shristi Suman