pronounced it. But the judgment may also be impeached in a collateral proceeding in which fraud may be set up as a defence ... been set aside or reversed, may be alleged, in a collateral proceeding."
These cases demonstrate the principle that though a judgment is only voidable
Sidheshwar Prasad Singh And Ors. vs Ram Saroop Singh And Ors. on 16 May, 1963
attained finality cannot be set aside or modified in a collateral proceeding. He submitted that it is also barred by principles of constructive Res Judicata ... cannot make out a third case and that too in a collateral proceeding. He lastly submitted that the award was implemented, the workmen were regularised
Tribunal on the preliminary facts cannot be challenged in any collateral proceeding! Counsel on behalf of respondent No. 1 made the submission that even ... parties, that finding cannot be challenged by the petitioner in a collateral proceeding. In support of this submission counsel relied upon
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
sale held therein
could be ignored or attacked in a collateral proceeding.
The purchaser in such a sale, whether he be
a decree-holder himself ... taken at a subsequent stage and even in a collateral proceeding.
In that situation, it would have been difficult to stop the judgment-debtor from
course of execution proceedings and any application made in a collateral proceeding does not amount to a step in aid of execution. The argument ... given by his Lordship that the application for restoration was a collateral proceeding independent of the execution case and any order passed in such proceeding
open to the plaintiff to
show in a collateral proceeding that the decree and sale were fraudulent and not binding, the other learned Judge taking ... held that "the judgment may also be impeached in a collateral proceeding in which fraud may be set up as a defence
pronounced it, but the judgment may also be impeached in a collateral proceeding in which fraud may be set up as a defence ... been set aside or reversed, may be alleged in a collateral proceeding."
This question has been considered exhaustively if I may say so with
raise such objection for such a long time. Furthermore, in a
collateral proceeding where the sale was challenged by other
interested buyers, the Corporation supported ... further appears from the record
of the case that in a collateral proceeding which came before this
Court in CWJC No.11067 of 2002, which
