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2010 (10) TMI 932 - SC - Indian LawsWhether the compromise in the case was obtained by perpetrating fraud on the court, the High Court was justified in exercising its powers under Section 103 C.P.C. to go into the question? Held that:-. The High Court was justified in re-appreciating the facts without formulating a substantial question of law in view of the provisions of Section 103 CPC. There was no occasion for the High Court to decide the second appeal without framing the substantial question of law and it was not a case which could warrant consideration under Section 103 C.P.C. Thus, the judgment and decree impugned are liable to be set aside.
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