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Criminal Procedure Code QUESTION #9498
Question 1
A challenge is raised against a decree passed by a trial Court on the ground that the trial Judge was biased and the proceedings were vitiated by fraud practised upon the Court. The aggrieved party seeks to file a separate suit to set aside the decree. Is such a separate suit maintainable?
  • Yes; but only within three years of discovery of the fraud
  • No; where a person challenges the validity of a judgment, decree or order on the plea of fraud, misrepresentation, or want of jurisdiction, the remedy is to make an application to the Court which passed the final judgment and not by a separate suit✔️
  • Yes; any decree obtained by fraud can be challenged by a separate suit at any time
  • No; only the High Court can set aside a decree for fraud
Correct Answer Explanation
Section 12(2) CPC, as inserted by the 1980 Ordinance, expressly bars a separate suit to challenge a decree on grounds of fraud, misrepresentation, or want of jurisdiction. The aggrieved party must apply to the very Court that passed the decree. This prevents the multiplicity of collateral attacks through fresh suits.