Allegation Of Fraud, Collusion By Counsel After Many Years Doesn’t Render Decree Invalid: SC [Read Judgment]

The allegation of fraud and collusion between the counsel for opposite parties, after many years, ipso facto does not render the decree invalid, the Supreme Court has observed in M/s Brakewel Automotive Components Pvt Ltd vs PR Selvam Alagappan.One of the contention by the judgment debtor in an execution proceedings was that the decree is an yield of fraud and collusion between. The allegation of fraud and collusion between the counsel for opposite parties, after many years, ipso facto does not render the decree invalid, the Supreme Court has observed in M/s Brakewel Automotive Components Pvt Ltd vs PR Selvam Alagappan. One of the contention by the judgment debtor in an execution proceedings was that the decree is an yield of fraud and collusion between the counsel appearing for the parties, it is non-est in law and thus, the impugned order which only permits an inquiry in these aspects, is well within the purview of Section 47 CPC and therefore, no interference therewith is called for. The allegation of fraud and collusion between the learned counsel for the respondent and the appellant is visibly self-serving, omnibus, speculative and unauthentic and cannot therefore, after so many years, ipso facto render the decree invalid on account thereof, a bench comprising Justice Arun Mishra and Justice Amitava Roy observed.