Supreme Court: Merger Doctrine Doesn’t Apply to Judgments Obtained by Fraud

The Supreme Court held that the doctrine of merger doesn’t apply if the High Court’s judgment, even if upheld later by the Supreme Court, was secured by fraud.

The case involved a 2021 High Court ruling in favour of one of the parties (Reddy), who suppressed the key facts. The Supreme Court had affirmed it in 2022, but later allowed the appellant (Vishnu), who wasn’t heard, to file a fresh appeal.

The Court ruled that fraud overrides all proceedings and listed five exceptions to merger, including fraud, public interest, and rare circumstances. Remanding the case for a fresh hearing with all parties.

(Vishnu Vardhan and Vishnu Pradhan vs. The State of Uttar Pradesh & Ors.)