38. Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under section 34, 35 or 36, and which has been proved by the adverse party, was delivered by a Court not competent to deliver it, or was obtained by fraud or collusion.
Bharatiya Sakshya Adhiniyam, 2023
Section 34 Previous judgments relevant to bar a second suit or trial
Section 35 Relevancy of certain judgments in probate, etc. jurisdiction
Section 37 Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant
Section 38 Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved