Res Judicata (Sec11 of CPC) Vs review-defendent's fraud (Evidence Act, sec44)
I am going through the 'review proceedings' in Family Court.
I am the 'review-petitioner' and opposite party is the 'review-defendent'
If opposite party (defending against the review application) raise objection on jurisdiction etc and contends that.. OR ...the Judge comes to conclusion that...
'the review-defendent in review proceedings' has't seemingly committed 'fraud on court' ...
But ...
'review-defendent probably might have committed fraud on 'opposite party i.e. review-petitioner'
So in such a case, will my review petition get dismissed?
Some citations say that 'in such scenario (i.e. fraud on opposite party is 'noticed by court' but if the court does not agree that 'there is fraud on court' !!! ), review-petitioner has to file another suit to set aside the previous decree and provisions of recall/review under cpc 151 can not be invoked'
So...if I happen to come to this scenario, which/where do I need to file that 'separate application to set-side previous decree? Is that talking about 'appeal/revision' proceedings?
Is there any other provisions in addition to 'fraud on court/Sec 44 of Evidence Avt' so as to overrule the 'res judicata' principles applicable to any order or decree?
Thanks in advance for your guidance.
Party-in-person
