https://www.lawweb.in/2012/03/withholding-of-material-document.html
withholding of material document amounts to fraud on court
A litigant, who approaches the court, is bound to produce all the documents executed by him which are relevant to the litigation. If he withholds a vital document in order to gain advantage on the other side then he would be guilty of playing fraud on the court as well as on the opposite party.Supreme Court of India
Supreme Court of India
S.P Chengalvaraya Naidu vs Jagannath on 27 October, 1993
Equivalent citations: 1994 AIR 853, 1994 S
.CITATION:
1994 AIR 853 1994 SCC (1) 1
JT 1993 (6) 331 1993 SCALE (4)277JUDGMENT:
The Judgment of the Court was delivered by KULDIP SINGH, J.- "Fraud avoids all judicial acts, ecclesiastical or temporal" observed Chief Justice Edward Coke of England about three centuries ago. It is the settled proposition of law that a judgment or decree obtained by playing fraud on the court is a nullity and non est in the eyes of law. Such a judgment/decree by the first court or by the highest court has to be treated as a nullity by every court, whether superior or inferior. It can be challenged in any court even in collateral proceedings.
