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    <title>1954 (3) TMI 90 - PATNA HIGH COURT</title>
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    <description>The Patna HC stated that an application under Section 151 CPC could be maintained to set aside an order under Order 21 Rule 90 CPC where the order was procured by fraud, even though an appeal was available. It held that the existence of an ordinary appellate remedy does not bar the court&#039;s inherent power to undo an order obtained by deception. Where the court acted on the mistaken assumption that notice had been duly served and that assumption was induced by fraud, inherent jurisdiction could be invoked to set aside the order and correct the resulting prejudice to the affected party.</description>
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    <pubDate>Fri, 26 Mar 1954 00:00:00 +0530</pubDate>
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      <title>1954 (3) TMI 90 - PATNA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=304936</link>
      <description>The Patna HC stated that an application under Section 151 CPC could be maintained to set aside an order under Order 21 Rule 90 CPC where the order was procured by fraud, even though an appeal was available. It held that the existence of an ordinary appellate remedy does not bar the court&#039;s inherent power to undo an order obtained by deception. Where the court acted on the mistaken assumption that notice had been duly served and that assumption was induced by fraud, inherent jurisdiction could be invoked to set aside the order and correct the resulting prejudice to the affected party.</description>
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      <pubDate>Fri, 26 Mar 1954 00:00:00 +0530</pubDate>
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