When there is an allegation of fraud by non-disclosure of necessary and relevant facts or concealment of material facts, it must be inquired into. It is only after evidence is led coupled with intent to deceive that a conclusion of fraud could be arrived at. A mere concealment or non-disclosure without intent to deceive or a bald allegation of fraud without proof and intent to deceive would not render a decree obtained by a party as fraudulent. To conclude in a blanket manner that in every case where relevant facts are not disclosed, the decree obtained would be fraudulent, is stretching the principle to a vanishing point. Fraud has a definite meaning in law and it must be proved and not merely alleged and inferred. However, evidence in this case relied upon was very thin and could not even be considered as secondary evidence.
Harjas Rai Makhija(D) thr. LRs V. Pushparani Jain &ors.