38. Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under section 34, 35 or 36, and which has been proved by the adverse party, was delivered by a Court not competent to deliver it, or was obtained by fraud or collusion.
Evidence Act Section 44 in BSA: Section 38
Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
Section 44 of the Indian Evidence Act, 1872 (Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved) corresponds to Section 38 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.
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Text of BSA Section 38
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