Fraud vitiates judicial proceedings: tribunal may recall an order allegedly obtained by fraud after giving both sides a fair hearing.

Fraud vitiates judicial proceedings, and a tribunal is not powerless to examine whether its earlier order was obtained by fraud. Where a fraud plea is supported by material, the proper course is to afford both sides a fair opportunity and decide the allegation on merits rather than reject it on the basis of finality alone. A refusal to consider the fraud claim on that footing was erroneous and showed failure to exercise jurisdiction in accordance with law. The tribunal therefore had power to entertain the recall application, and the order rejecting it was unsustainable.

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Issues: Whether the Tribunal had jurisdiction to recall its earlier order on the ground that the order was obtained by fraud, and whether the order rejecting the recall application was liable to be set aside.

Analysis: Fraud vitiates judicial proceedings, and a judicial tribunal is not powerless to correct an order shown to have been obtained by fraud. Where a plea of fraud is supported by material, the proper course is to examine it after giving both sides a fair opportunity. A refusal to consider the allegation of fraud merely on the footing that the matter had become final was erroneous, because the effect of fraud must be examined before finality can be relied upon. The Tribunal, therefore, failed to exercise jurisdiction in accordance with law.

Conclusion: The Tribunal had the power to entertain the recall application on the allegation of fraud, and its order rejecting the application was unsustainable.

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