facto officers cannot be collaterally impeached but collateral proceedings have in this context a particularly wide meaning; every proceeding which does not seek to remove ... validity of a de facto office can be questioned in a collateral proceeding.
This principle was applied in Bhaskara Pillai v. State of Travancore-Cochin
challenge to
Mr. Gupta's appointment was made in a collateral proceeding.
The appointment of Mr. Gupta could not have been challenged
before ... made directly in a substantive
proceeding and not in a collateral proceeding. Since he
was impleaded in the writ petition he had a clear
order can be challenged on the ground of fraud in a collateral proceeding without any suit for setting aside the decree came up for consideration ... pronounced it. But the judgment may also be impeached in a collateral proceeding in which fraud may be set up as a defence
which the said application arose was a separate and collateral proceeding and no fresh right to file an application for final decree could ascrue from ... connection is, that the appeal before this Court arose in a collateral proceeding and
so the right to apply for the final decree could
order can be challenged on the
ground of fraud in a collateral proceeding without any suit
for setting aside the decree came up for consideration ... pronounced
it. But the judgment may also be impeached
in a collateral proceeding in which fraud may
be set up as a defence
order can be challenged on the
ground of fraud in a collateral proceeding without any suit
for setting aside the decree came up for consideration ... pronounced
it. But the judgment may also be impeached
in a collateral proceeding in which fraud may
be set up as a defence
time, although there were several opportunities for doing so, in a collateral proceeding of this nature the appellant was not entitled to raise the plea ... been rightly observed by the learned Single Judge that in a collateral proceeding of this nature there was no scope for the appellant to raise
pronounced it. But the judgment may also be impeached in a collateral proceeding in which fraud may be set up as a defence ... been set aside or reversed, may be alleged, in a collateral proceeding."
These cases demonstrate the principle that though a judgment is only voidable
Maharana Shri Jayvantsinghji ... vs The State Of Gujrat on 22 December, 1961
Equivalent citations: 1962
Sidheshwar Prasad Singh And Ors. vs Ram Saroop Singh And Ors. on 16 May, 1963
