(Guest)

How to prove judgement nullity in the lower court it self

Respected Gurus ,

i am copied and pated some wonderful lines from the hon'ble justice KULDIP SINGH .

case law :S.P. Chengalvaraya Naidu (Dead) ... vs Jagannath (Dead) By L.Rs

. "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 honest 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".

my concerns here to experts in this forum .

1. in my previous case Vizag family court judge has done 200% fraud by mis representing the facts.

2. written some false allegations on me even though it was not appeared on the record .

3. twisted the facts to favour the respondent .

4. I have alreay given a complanit in the vigilence cell AP high court , and my complaint regestered there, but they are not doing the enquiry .

5. Not marked some crucial evidences to favour the respondent .

my stright question is how to prove the my previous judgement/order is nullity in the same court , please go through the above quoted lines .

Regards ,

Venkat .

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6 Replies

G.L.N. Prasad (Retired employee.) 12 May 2016

a juddgment / decree can be set aside only through appeal to HC or filing another suit within limitation period for setting aside such judgment.

There can be mistake even in judicial pronouncements, but because there is a mistake of fact or law, unless challenged and prayed for setting aside, it carries a stamp of authenticity.

(Guest)

Respected Sir ,

Thanks for your reply .

you mean to say the only option is high court only , then there is no value for below lines .

"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".

Regards,

Venkat

G.L.N. Prasad (Retired employee.) 12 May 2016

The superior Court has to declare that nullity, as it is not written on the face of the judgment. I know several victims who treated the same as you thought, and lost appeals / SLP.,

The only way is to file a declaration suit praying for setting aside the decree within limitation period. (The limitation period for setting aside a decree in case of fraud is within 3 years from the date of such knowledge of fraud)