(1)  Subject to the provisions of section 50 (2) , any verdict, finding, judgment, order, or determination obtained by or affected with fraud may be impeached, either by an application for a new trial or to set aside the verdict, finding, judgment, order, or determination, or by an action instituted for the purpose of having the verdict, finding, judgment, order, or determination set aside.

(2)  Provided that, in any case in which the verdict, finding, judgment, order, or determination is impeached by an application for a new trial or to set aside a verdict, finding, judgment, order, or determination, the Full Court may direct an action to be instituted for the purpose of having the verdict, finding, judgment, order, or determination set aside.