even at the stage of execution or in a collateral proceeding
and the learned Counsel has drawn sustenance from the observation ... subsequent stage- say, at the execution
stage or even in a collateral proceeding. The aforesaid position
is well settled and not open for any dispute
case the whole proceeding is
coram non judice and void: in the latter the proceeding cannot be
impugned as a collateral action, even though ... proceeding might have been essential to confer jurisdiction. It is
examinable only on a direct proceeding as by an appeal or by a
proceeding
notice of the
same and it can be disregarded in collateral proceeding or
otherwise. The other type of void act, e.g., may be transaction
nullity
and a void order can be challenged even in a collateral proceeding. Halsbury's
Laws of England, 4th edn. (Re-issue
firm as the thika
tenant, but as the proceeding as initiated under the Act, 1981, such proceeding
was not saved under sub-section ... nullity and can be declared as such even in a collateral
proceeding. The learned Senior Counsel for this proposition has relied upon
Sabitarani Majilya (supra
void ab initio it can be raised even in a collateral
proceeding without challenging it independently in view of the decision ... settled that a void document
12
can be challenged in any collateral proceeding without seeking an
independent relief for declaration and cancellation.
Mr. Shaw accordingly
declared so at any stage of
the proceedings or even in collateral proceeding and the plaintiffs have in
the pleadings have demonstrated such fraud
order and can be set up as a defence in a collateral
proceeding without necessity of formally challenging it. Apart from the well-settled
principle
Court has the
power to pass appropriate orders even in a collateral
proceeding in order to nullify the advantage obtained by
reason of exercising fraud
Court has the
power to pass appropriate orders even in a collateral
proceeding in order to nullify the advantage obtained by
reason of exercising fraud
