Monday, 10 September 2018

2001 C L C 1187

---S. 12(2) --- Void order and order premised on fraud and misrepresentation --- Setting aside of such orders --- Procedure --- Limitation --- Limitation does not run against the void order as the same in nullity in law and does not require to be formally set aside --- Where the law provides a mechanism for setting aside order premised on fraud or misrepresentation, it presupposes that such order creates legal consequences and must be set aside in proper proceedings under S. 12 (2), C. P. C. or through separate suit as was the case prior to the enactment of the statutory provision of S. 12 (2), C. P. C.

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