Supreme Court of India · 2012-05-22
Badami(D) Tr.Her Lr vs Bhali
- Citation / case number
- AIR 2012 SUPREME COURT 2858
- Court
- Supreme Court of India
- Petitioner
- Badami(D) Tr.Her Lr
- Respondent
- Bhali
- Author
- Dipak Misra
- Bench
- Dipak Misra, B.S. Chauhan
Judgment text excerpt
The Supreme Court addressed the validity of a decree passed in Civil Suit No. 1422 of 1973, asserting that it was vitiated by fraud and manifest illegality. The Court held that the decree was not binding on subsequent suits as the original decree was obtained under questionable circumstances, specifically noting the lack of proper representation and consent from the defendant. Consequently, the Court declared the decree a nullity, impacting the claims of right, title, and interest based on it in subsequent civil suits.