https://www.taxtmi.com/caselaws?id=295779 Fraud vitiates judicial proceedings, and an ex parte decree obtained by extrinsic fraud is a nullity. The High Court held that where the plaintiff's managing partner acted in both capacities, procured service on himself, arranged counsel for the defendant company, and allowed the suit to proceed ex parte without disclosing the true position, this amounted to serious abuse of process. It further held that supervisory jurisdiction under Article 227 is wide enough to correct such injustice despite technical objections, and that oral evidence was unnecessary on the condonation issue in these circumstances. The revision was allowed, the limitation issue was set aside, delay in filing the appeal was condoned, and the appeal was left to be decided on merits. en-us Fri, 30 May 2008 00:00:00 +0530 Sat, 19 Jun 2021 15:54:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=295779 Fraud vitiates judicial proceedings, and an ex parte decree obtained by extrinsic fraud is a nullity. The High Court held that where the plaintiff's managing partner acted in both capacities, procured service on himself, arranged counsel for the defendant company, and allowed the suit to proceed ex parte without disclosing the true position, this amounted to serious abuse of process. It further held that supervisory jurisdiction under Article 227 is wide enough to correct such injustice despite technical objections, and that oral evidence was unnecessary on the condonation issue in these circumstances. The revision was allowed, the limitation issue was set aside, delay in filing the appeal was condoned, and the appeal was left to be decided on merits. Case-Laws Indian Laws Fri, 30 May 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=295779