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
relief claimed in the suit had not been granted in any collateral proceeding in favour of the plaintiff. The suit for declaration has been filed
relied upon, even at the stage of execution & even in collateral proceeding. A defect of jurisdiction, whether it is pecuniary or territorial, or whether
also means merely a nullity and may be ignored even in collateral proceeding as if it never were. "Void" does not have
cover an appeal from an order which was passed in a collateral proceeding or which had no direct or immediate connection with the decree under
relief?.
Whether the order passed could be invalidated in a collateral
proceeding?, and Whether Review Court can entertain,
subsequent documents came in existence after passing
relief?.
Whether the order passed could be invalidated in a collateral
proceeding?, and Whether Review Court can entertain,
subsequent documents came in existence after passing
nullity. A plea of fraud can be raised even in a collateral proceeding.
Submission was also raised that an application was also filed for restoring
nullity. A plea of fraud can be raised even in a collateral proceeding.
Submission was also raised that an application was also filed for restoring
made a subject matter of an attack in a collateral proceeding though it was never made a subject matter of direct attack. I may only ... definition open to direct attack, but it is not open to collateral attack, only a void judgment may, be impunged in collateral as well
