same can be questioned
in an original suit or a collateral proceeding. The relevant extract of
the judgment is as under:
―Thus, it is only ... that cannot be
questioned in any original suit or collateral proceeding. In the
present cases, the petitioners (plaintiffs-tenants) were not
seeking to question
same can be questioned
in an original suit or a collateral proceeding. The relevant extract of
the judgment is as under:
―Thus, it is only ... that cannot be
questioned in any original suit or collateral proceeding. In the
present cases, the petitioners (plaintiffs-tenants) were not
seeking to question
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 ... interlocutory order in the suit, or an appeal in any collateral proceeding. The view taken by the Supreme Court was adopted and followed in Sivaramachari
appeal against the said order as also in a collateral proceeding. The order of the Controller entertaining the application for fixation of standard rent ... being without jurisdiction even in the Supreme Court in a collateral proceeding ( Naresh v. State of Maharashtra , ). Secondly, section 105(2) Civil Procedure Code precludes
questioning an order passed by a competent court
in a collateral proceeding although in a given
situation it is permissible. The petitioners are
entitled
decision is a nullity and can be set up in collateral proceeding....."
11. Since the principle that an order passed by a court which
question a partition decree arrived at inter-se between the parties in
collateral proceedings had held as under:-
"That the partition suit had been ... decree in the partition suit could not be questioned in any collateral
proceeding by a third party to the partition suit. The learned Rent Controller
Will. The validity of Will can always be determined in a collateral proceeding. The present suit is one for partition and the respondents have
petitioners are questioning an order passed
by a competent Court in collateral
proceeding although in a given situation it is
permissible. The petitioners are entitled
called in question in any original suit, application or execution proceeding" bar collateral proceedings. The Section imposes a total bar. The correctness ... same can be questioned in an original suit or a collateral proceeding.
(22) The question then is whether the orders of eviction passed
