Supreme Court of India · 2013-12-13
Haryana Financial Corporation vs Gurcharan Singh And Anr
- Citation / case number
- AIRONLINE 2013 SC 173
- Court
- Supreme Court of India
- Petitioner
- Haryana Financial Corporation
- Respondent
- Gurcharan Singh And Anr
- Author
- K.S. Radhakrishnan
- Bench
- C. Nagappan, K.S. Radhakrishnan
Judgment text excerpt
The Supreme Court held that the decree obtained by the second respondent in Civil Suit No.767 of 1995 was collusive and aimed at defeating the personal undertaking given by the first respondent to the Haryana Financial Corporation on 5.3.1994. The Court emphasized that a party cannot seek relief from a fraudulent decree, citing principles from S.P. Cheranalvaraya Naidu v. Jagannath and M.L. Abdul Jabbar Sahib v. M.V. Venkata Sastri. The appeal by the Corporation was allowed, overturning the lower court's decision, thereby affirming the validity of the undertaking despite its non-registration.