time, although there were several opportunities for doing so, in a collateral proceeding of this nature the appellant was not entitled to raise the plea ... been rightly observed by the learned Single Judge that in a collateral proceeding of this nature there was no scope for the appellant to raise
observed that, though the court in a collateral proceeding ignores the decree on the ground of illegality and/or nullity, it has no power ... aside the earlier decree which is challenged in collateral proceeding. There is, however, another possible approach to the problem.
33. The winding-up court
could be made under the Act from being challenged in a collateral proceeding and to give it a finality. The reasons for this are obvious ... challenge its propriety and that cannot, therefore, be done in a collateral proceeding. Otherwise, Section 48 would be rendered nugatory and the principle behind
revocation of the grant of probate. He submits
that, in a collateral proceeding, the appellants were made aware
of the grant of probate. Thus, despite ... probate proceeding was not served
upon any of the appellants before us. Knowledge of the probate
proceeding by the appellants was derived through collateral
proceeding
Kingston, (1775) 2 Amb., 756, thus: "Fraud is an extrinsic collateral act which vitiates the most solemn proceedings of Courts of Justice ... been set aside or reversed, may be alleged in a collateral proceeding." In applying this rule it matters not whether the impeached judgment
Appellate Tribunal to hold, when it was challenged in a collateral proceeding, that the order was wrong.
Mr. Debi Pal, learned counsel appearing as junior
challenged in the subsequent stage and even in a collateral proceeding. Such effect cannot be cured by waiver or acquiescence of a party entitled ... that it can be challenged at any subsequent stage and even in collateral proceedings. Such a defect cannot be cured even by waiver or acquiescence
right at any stage in any manner by initiating even a collateral proceeding.
17. Therefore we need not detain ourselves in this regard any move
relied on even at the stage of execution and even in collateral proceeding. A defect of jurisdiction whether it is pecuniary or territorial or whether ... absence of jurisdiction may be raised even in execution proceeding or in collateral proceedings. But where such an objection is raised in an execution proceeding
consider in this proceeding collaterally. The question is what is the consequence that follows from such assessment. Can it be said that by such assessment
