Kerala High Court Imposes Cost On Litigants For Securing Favourable Judgment By Producing False Memo

The Kerala High Court on Tuesday set aside a judgment obtained by producing a fake memo showing service of notice and imposed Rs 10,000 on the litigants who produced the fake memo. 

Justice A Badharudeen, while considering the review petition, opined that it is settled law that once it is established that the order was obtained by a successful party by practising fraud, it is vitiated, and such order cannot be held legal. 

A judgment, decree or order obtained by fraud has to be treated as a nullity, whether by the court of the first instance or by the final court. And it has to be treated as non-est by every Court, superior or inferior.

Advocate M.P.Ramnath appearing for the review petitioners, denied the receipt of the notice, contrary to a memo which was produced before the court during the consideration of the original petition. Counsel appearing for respondents 1-6 also conceded that no notice was served. From which the court drew the inference that a false document was produced before the court to obtain the judgment. 

The Court referring to the Apex Court decision in the case of A.V.Papayya Sastry and Others v. Government of A.P. and Others, reiterated that a judgment, decree or order obtained by fraud has to be treated as a nullity, whether by the court of the first instance or by the final court. And it has to be treated as non-est by every Court, superior or inferior.

 Thereby set aside the impugned judgment and imposed a reasonable cost to be deposited with the Kerala State Legal Service Authority by the litigants who obtained the judgment in their favour by producing a false memo. Further added that the Court would decide at a later point to time on whether any further action needs to be taken against whoever was responsible for producing the fake memo. 

Case Title: N. Vanaja @ Vanaja Nagendra and anr. v. Bhanumathy and others

Citation: 2022 LiveLaw (Ker) 361

Click Here To Read/Download The Order