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Research Proposal: Drafting of Setting Aside of Decree Obtained by Fraud

This document is a research proposal on drafting an application to set aside a decree obtained through fraud. The proposal was submitted by Ashish Kumar Pandey to Mr. B. R. N. Sharma for a BA LLB degree. The proposal aims to research the legal provisions for setting aside a fraudulent decree and learn how to draft such an application. The hypothesis is that a fresh suit is not needed, rather an application can be filed with the same court. The research will use doctrinal sources like books, journals, and websites. Limitations include time constraints, funding, lack of prior study in the area, and the proposal's broad scope.

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Amogh Bansal
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328 views4 pages

Research Proposal: Drafting of Setting Aside of Decree Obtained by Fraud

This document is a research proposal on drafting an application to set aside a decree obtained through fraud. The proposal was submitted by Ashish Kumar Pandey to Mr. B. R. N. Sharma for a BA LLB degree. The proposal aims to research the legal provisions for setting aside a fraudulent decree and learn how to draft such an application. The hypothesis is that a fresh suit is not needed, rather an application can be filed with the same court. The research will use doctrinal sources like books, journals, and websites. Limitations include time constraints, funding, lack of prior study in the area, and the proposal's broad scope.

Uploaded by

Amogh Bansal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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RESEARCH PROPOSAL

DRAFTING OF SETTING ASIDE OF DECREE OBTAINED BY FRAUD

A proposal made by ASHISH KUMAR PANDEY, Roll number 1520 of class BA LLB.

Proposal Submitted to: - Mr. B. R. N. Sharma.

A research proposal submitted in partial fulfillment of the course D. P. C. for attaining the
degree of BA.LLB.

August, 2018.

CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA NAGAR,


MITHAPUR, PATNA-800001.
INTRODUCTION

A decree which has been obtained by fraud can be cancelled by the same court which has passed
the decree and the application filed. The party need not to file a fresh suit.For example: If “A”
obtains a decree against “B” fraudulently for the recovery of one crore rupees as damages, can
get the cancellation of the said decree by filing an application to the same court. The court shall
call the respective parties and will decide accordingly.

Judgment, decree or order can be impeached on grounds of fraud, misrepresentation or lack of


jurisdiction under Section 12(2) Civil Procedure Code, 1908. Relief can be obtained by
aggrieved person by application to court which passed final judgment, decree or order and not by
a separate suit.

AIMS & OBJECTIVES


The researcher tends to research upon the topic and to discuss on the premises below:

1. To know the legal provisions related to setting aside of decree obtained by fraud.

2. To learn the drafting of setting aside of decree obtained by fraud.

HYPOTHESIS
1. No need of filing of fresh suit for setting aside of decree obtained by fraud.

RESEARCH METHODOLOGY

The research method upon which the researcher has relied upon is:-

 Doctrinal research: - Doctrinal research is concerned with legal prepositions and


doctrines. It is research into the law and legal concepts.
SOURCES OF DATA
Data collected for the purpose of this particular research is from both primary and secondary
sources.

 Secondary Source:- Secondary sources describe, discuss, interpret, comment upon,


analyse, evaluate, summarise, and process primary sources. It includes newspaper,
magazines and books. For the proposal, the researcher has taken into account books,
magazines and journals.

REVIEW OF LITERATURE
The different books and sites referred while making this research proposal are:-

1. www.lawyersclubindia.com
2. https://iedunote.com
3. https://shodhganga.inflibnet.ac.in
4. http://www.lawteacher.net

LIMITATIONS OF RESEARCH
 Time:- The paucity of time was a major setback while making this research proposal.
 Money:- Scarcity of money to buy the books required is also another limitation.
 Lack of previous study int research area.
 Scope of discussion is wide.

TENTATIVE CHAPTERISATION
1.) Introduction
2.) Setting aside of decree obtained by fraud.
3.) Model of setting aside of decree obtained by fraud.
4.) Conclusion.
5.) Bibliography.

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