Section 38 Earlier Evidence Act 44
Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
Chapter 2: Relevancy of facts
Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under section 34, 35 or 36, 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.
The Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 34Previous judgments relevant to bar a second suit or trialEvidence Act 40
- 35Relevancy of certain judgments in probate, etc., jurisdictionEvidence Act 41
- 36Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35Evidence Act 42
- 37Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevantEvidence Act 43