interlocutory order in the suit or an appeal in any collateral proceeding.
8. Then came the decision of the Privy Council in Nagendranath ... 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
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
nullity. Such order
passed earlier, cannot be challenged in a collateral proceeding. If the
petitioners feel aggrieved by the order passed by this Court ... have filed an appeal against
the order, not to initiate collateral proceeding. Section
decree cannot be impeached it is equally reasonable that in a collateral proceeding it should not be allowed to be attacked. I respectfully adopt
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
order passed by the DRT on 9-4-2003, in a collateral proceeding wherein the decree/final order was challenged indirectly on the ground that
clearly a matter which cannot now be urged in a collateral proceeding. No objection was taken before the District Court at the time of hearing ... District Court. A fortiori, it cannot be taken in a collateral proceeding.
4. The second point is one on which reliance has been placed
cover an appeal from an order which was passed in a collateral proceeding or which has no direct or immediate connection with the decree under ... cover an appeal from an order which is passed in a collateral proceeding or which has no direct or immediate connection with the decree
Sreeraman's argument is that the present is not a collateral proceeding and therefore the plaintiff cannot question the validity of the compromise decrees ... understood, the present suit instituted by the plaintiff is a collateral proceeding.
8. With regard to the second part of the argument, we are clearly
decree cannot be impeached it is equally reasonable that in a collateral proceeding it should not be allowed to be attacked. I respectfully adopt
