Category: Supreme Court Digest on The Civil Procedure Code 1908

M. Gurudas and Ors Vs Rasaranjan and Ors-13/09/2006

SUPREME COURT OF INDIA JUDGMENTS

Civil Procedure Code, 1908—Order 39, Rules 1 and 2—Temporary injunction—Ingredients—Prima facie case, balance of convenience and irreparable injury—Finding on prima facie case would be a finding of fact.

A decree obtained by fraud cannot be used as res judicata and the same can be challenged by a separate Suit-SC

SUPREME COURT OF INDIA JUDGMENTS

RAM CHANDRA SINGH VS
SAVITRI DEVI AND OTHERS – judiciary in India also possesses inherent power, specially u/s 151 CPC, to recall its judgment or order if it is obtained by fraud” on Court, In the case of fraud on a party to the suit or proceedings, the Court may direct the affected party to file a separate suit for setting aside the decree obtained by fraud. Inherent powers are powers, which are resident in all Courts, especially of superior jurisdiction. These powers spring not from legislation but from the nature and the constitution of the tribunals or Courts themselves so as to enable them to maintain their dignity, secure obedience to its process and rules, protect its officers from indignity and wrong and to punish unseemly behavior. This power is necessary for the orderly administration of the Court’s business.