Bharatiya Sakshya Adhiniyam 2023
Section 38 :
Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved :
(See section 44 of IEA 1872)
Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under sections 34, 35 and 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.
