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
appointment of Shri Senger as a Prescribed Authority in a collateral proceeding. These additional factors also militate against the contentions of the appellant ... Shri Senger to act as a Prescribed Authority in a collateral proceeding, it is really not necessary for us to examine the correctness
application to set aside a decree is clearly a collateral proceeding and the question in such a proceeding is not whether the decision which resulted ... cover an appeal from an order which is passed in a collateral proceeding or which has no direct or immediate connection with the decree under
judgment delivered by a Judge cannot be questioned in a collateral proceeding like appeal or revision but his right to hold office of a Judge ... been challenged by the petitioner in the instant cases in a collateral proceeding but directly. Therefore, reliance placed by Sri Ravi Kiran Jain
year of appointment of Respondent No. 5 as it amounts to 'collateral challenge' which is not permissible in law.
19. Reference ... appointment of Shri Senger as a Prescribed Authority in a collateral proceeding. These additional fActors also militate against the contentions of the appellant
assessment. If any of he conditions mentioned above is missing the proceeding would be invalid and vitiated.
34. Applying the principles laid down ... cannot be said to be a void order in a collateral proceeding.
38. Now, coming to the merits of the case, we find that
irregular judgment will be reversed in appeal or ignored in a collateral proceeding only when it is shown that the irregularity in the proceedings ... determine the cause, the judgment is void, and it can be impeached collaterally. But where there does exist such a jurisdiction, but, in the exercise
matter intrinsic to the decision of the suit and not a collateral proceeding which will determine the power of the court and its' jurisdiction ... matter which is
extrinsic and collateral into a matter intrinsic and ancillary to the suit or proceeding. The decision of the Full Bench of this
even at the stage of execution or collateral proceeding. Reliance has been placed upon the judgment of the Apex Court in Bohrein Petroleum
deemed final and is not liable to be challenged in any collateral proceeding."
15. In the result both the appeals are allowed with costs
