In Brief
Harjas Rai Makhija sought to challenge a 1999 decree passed in favour of Pushparani Jain over a disputed property allotment after years of litigation. Makhija had earlier pursued specific performance of an alleged sale agreement and failed at trial and on appeal. He then filed a fresh suit alleging the decree was obtained through fraud. The Supreme Court dismissed his appeal, holding that fraud must be substantively proved, not merely alleged. Since Makhija had the opportunity to raise fraud allegations earlier but failed to do so, he could not collaterally attack the now-final decree in a subsequent suit. The evidence he presented was inadequate and inadmissible. Appeal dismissed with costs of Rs. 50,000.
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