Section 44 Indian Evidence Act 1872
Section 44 of the Indian Evidence Act 1872 is about ‘Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved’. It is under ‘JUDGMENTS OF COURTS OF JUSTICE WHEN RELEVANT’ of Chapter II of the Act. Chapter II is titled ‘OF THE RELEVANCY OF FACTS‘.
Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under section 40, 41 or 42, 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.
See also:
Section 43 Indian Evidence Act 1872 (Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant)