matrimonial home out of her own volition and
in a collateral proceeding wherein the victim had deposed she did
not speak of any torture meted ... proceeding. However, the institution of
the proceeding cannot be said to be without jurisdiction. The plea
of the petitioner is that in a collateral proceeding
therefore, applicable when a secured creditor seeks to initiate a
proceeding under the Act of 2002. At least at the time of taking a
measure ... before which such proceedings are
pending. A Writ Court in a collateral proceeding is not required to
answer such an issue. Such an issue also
subsequent stage of the
proceeding or in any other collateral proceeding.
I agree.
(Manjula Chellur, C.J.)
(Joymalya Bagchi, J.)
P.A. to J. Bagchi
such decree and order can
be challenged even in any collateral proceeding. In the case of Ramsukh (supra), the Supreme
Court was dealing with
question cannot be considered in the writ jurisdiction which is a collateral
proceeding. However, the said case pertains to Sections
decree passed in the Civil Court cannot be challenged in collateral
proceeding even if it is void. Only the Civil Court is empowered to decide
nullity
and a void order can be challenged even in a collateral proceeding. Halsbury's
Laws of England, 4th edn. (Re-issue
Supreme
Court delivered the judgment considering the result of collateral proceeding
wherein the decree/final order was challenged indirectly on the ground that the
application
issue of legal heirship cannot be
decided any further in any collateral proceeding for substitution
when such issue has already been decided in substantive previous ... cannot be allowed to
agitate the issue de novo in a collateral proceeding for substitution.
For the present petitioners to claim substitution in the eviction
that question at all, and
this finding cannot be questioned in this proceeding also. Referring to the
judgment of the Supreme Court in the case ... tested by any of the
parties to that proceeding in a collateral proceeding after the judgment attains
finality between the parties. On the question
