" A judgment obtained by fraud or collusion, even, it seems a judgment of the House of Lords, may be treated as a nullity". S.B Noronah v. Prem Kumari Khanna., A.I.R 1980 SC 193. "Fraud avoids all judicial acts, ecclesiastical or temporal" observed Chief Justice Edward Coke of England about three centuries ago.It is the settled proposition of law that a judgment or decree obtained by playing fraud on the court is a nullity and non est in the eyes of law. Such a judgment / decree - by the first court and the highest court - has to be treated as a nullity by every court, whether superior or inferior. It can be challenged in any court even in collateral proceeding. S.P. Chengalvaraya Naidu (dead) by L.Rs v. Jagannath (dead) by L.Rs. AIR 1994 SC 853. It has been opened that fraud and collusion vitiate even the most solemn proceeding in any civilized system of jurisprudence. It has been defined as an act of trickery or deceit. Smt. Shrist Dhawan v. M/s. Shaw Brothers, AIR 1992 SC 1555. Yet in a recent decision "it has been held that no court will allow itself to be used as an instrument of fraud and no court ,by way of rule of evidence and procedure, can allow its eyes to be closed to the fact it is being used as an instrument of fraud. " The basic principle is that a party who secures the judgment by taking recourse to fraud should not be enabled to enjoy the fruits thereof. Hamza Haji v. State of Kerala & Ans. AIR 2006 SC 3028.