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
such Court, and its nullity may be alleged in any collateral proceeding without the necessity of setting it aside. [See Reg. v. Saddlers ... decree obtained by fraud and collusion could be impeached in a collateral proceeding', in The Queen v. The Wardens and Assistants of The Saddlers
void. In his submission, it can be assailed in a collateral proceeding in which it is sought to be enforced upon. Reliance is placed ... without jurisdiction. The said decree can be attacked even in the collateral proceeding in which it is sought to be enforced and relied upon
order is null and void, the same can be disregarded in collateral proceeding or otherwise.
In fact , in that case , the Supreme Court declared that
Sadanand S. Varde And Ors. vs State Of Maharashtra And Ors. on 14 June, 2000
Amba Tannin And Pharmaceuticals Ltd. vs Official Liquidator, High Court, ... on 22 February, 1974
Equivalent
appropriate
proceeding. They were not the subject matter of the said suit and
the validity or otherwise of the said proceeding could not have been ... order cannot be declared to be void in a collateral proceeding and
that too in absence of the authorities who were the authors
thereof
order cannot be declared to be void in a collateral proceeding and that too in the absence of the authorities who were the authors thereof
parte decree or a decree setting aside another decree in a collateral proceeding or a dependent decree is an independent application falling within Section
