Supreme Court sets aside its 2022 ruling after finding it was obtained by fraud and exclusion of co-owners.
Case in News
Supreme Court Recalls Order Obtained By Fraud in Vishnu Vardhan land dispute case involving suppression of facts .
Case Overview
Case Name – Vishnu Vardhan @ Vishnu Pradhan vs. The State Of Uttar Pradesh & Ors.
In a critical decision on July 23, the Supreme Court of India set aside its own 2022 judgment in Reddy Veerana v. State of U.P., citing fraudulent suppression of facts . The Bench comprising Justice Surya Kant, Justice Dipankar Datta and Justice Ujjal Bhuyan held that a judgment obtained by fraud is a nullity and can be challenged at any stage, including in collateral proceedings . The case arose from a 1997 joint land purchase dispute where co-owner Vishnu Vardhan was excluded through manipulated litigation . The Court emphasized that even a final ruling can be undone if it is found to be secured by deception .
Key Aspects
Before addressing the legal implications, the Court assessed the events surrounding the land acquisition and judicial proceedings that followed . The facts clearly pointed to deliberate exclusion and fraud .
- Land purchased jointly in 1997 by Vishnu, Reddy, and Sudhakar .
- Reddy secured High Court and SC rulings excluding Vishnu and Sudhakar .
- Vishnu was not made a party to the 2021 HC or 2022 SC rulings .
- Fraudulent suppression of facts misled both courts in Reddy’s favor .
- Vishnu presented a prima facie case of being prejudiced and unaware of the prior rulings .
Legal Insights
The judgment reaffirms essential doctrines and provides clarity on how fraud interacts with finality of judgments and the doctrine of merger .
- A.V. Papayya Sastry v. Govt. of A.P. (2007) – Fraud nullifies all judicial acts .
- Doctrine of Merger – Merged orders can still be challenged if obtained through fraud .
- Supreme Court Rules, 2013 – Provides review and curative petition but limits third-party remedies .
- Kunhayammed v. State of Kerala (2000) – Explained when merger applies and how it affects appeals .
Court’s Verdict
The Supreme Court of India declared its 2022 ruling a nullity due to fraud and recalled the judgment, allowing Vishnu to file an appeal against the High Court’s order . It held that the doctrine of merger does not apply when a party was deliberately excluded from earlier proceedings . The Court restored the case to the High Court for fresh adjudication with all necessary parties impleaded, reaffirming that fraud vitiates everything including apex court orders .
Source – Supreme Court of India
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