Fraudulent Proceeding

Fraudulent proceeding, When a proceeding is alleged to be fraudulent, what is meant is that the claim made therein is untrue, but that the claimant had managed, to obtain the verdict of the court in his favour and against his opponent by practicing fraud on the Court. Such a proceeding is started with a view to injure the opponent and there can no question of its having been initiated as the result of an understanding between the parties, Nagubai Ammal v. B. Shama Rao, AIR 1956 SC 593 (599). [Transfer of Property Act, 1882, s. 52]