A single Judge of Allahabad High Court held as follows,

From Para 14,

14.This Court finds that the basis of petitioner’s claim that the decree was obtained by fraud is a report submitted before the Chief Judicial Magistrate by the Directorate of Fingerprint Experts, according to which, the fingerprints of Ashok Kumar, as existing on the lease deed executed by Noida do not match with those upon the power of attorney claimed by Ripudman Kumar Saharan and rather matches with the agreement to sell executed in favour of the defendant-petitioner. This report has been prepared by the experts of Directorate of Fingerprint, who are public servants, and the report is in due discharge of their official duties, and by virtue of section 114 of the Indian Evidence Act, a presumption of correctness of the report would be available in law, subject to further evidence which may be brought on record by the other side. The question as to whether a plea of fraud could be entertained even in collateral proceedings, at the stage of execution, after passing of the decree, is no longer res integra. It is settled that fraud and justice do not dwell together. It is equally settled that a court of law would do its utmost to ensure that injustice is not meted out to a party. Such right in a court of law has been recognized under section 44 of Evidence Act.

From Para 19,

19. It is well settled that once the plea of fraud has been setup by the defendant-petitioner before the executing court, and credible evidence in support of such plea was also placed, it was incumbent upon the executing court to have examined the issue of fraud, on merits, and such plea ought not to have been rejected merely on the ground that a decree in favour of the plaintiff-respondent had been passed, and the executing court, as such, had no occasion to examine the plea of fraud. It is also well settled that fraud vitiates all solemn acts. Though a plea of fraud was taken up before the civil court, but such plea was not adjudicated, which is clarified in the judgment of the civil court itself. However, if a credible material has come into existence, which if is found proved vitiates the decree itself, it is the duty of the executing court to consider such plea on merits. It was open for the executing court to have examined the report of the Directorate, Fingerprint Experts, in accordance with law, and for such purpose an opportunity was liable to have been allowed to the plaintiff-respondent. The executing court could have adjudicated as to whether the plea of fraud was made out on facts or not? but it was not open for the executing court to brush aside the objection itself and thereby refused to go into such issue itself.

From Para 22,

22. In view of the discussions made above, this Court finds that the orders impugned dated 26.2.2014 and 29.5.2014, passed by the courts below, cannot be sustained and are hereby quashed. The executing court is directed to reconsider the objection under section 47 CPC, afresh, in light of the observations made above. For such purposes, the executing court will go into the allegations of fraud on merits, in accordance with law, and after affording opportunity to both the parties, the plea of fraud would be adjudicated on merits. Since the proceedings have dragged for the last 13 years, therefore, the objection on merits would be decided forthwith, by fixing short dates, in accordance with law, without granting any adjournment to either of the parties, except upon imposition of cost, which shall not be less than Rs.500/-.

Index of Judgments against Orders obtained fraudulently here.