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
could be challenged even at the execution stage
and in a collateral proceeding on the ground that the Court lacks inherent
jurisdiction. The issue ... subsequent stage, say,
at the execution stage or even in a collateral proceeding. This
is in view of the fact that if a particular Court
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
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
relation to a case or proceeding, means such order deciding any matter arising in such case or proceeding or collateral thereto as does not have ... relation to a case or proceeding, means such order deciding any matter arising in such case or proceeding or collateral thereto as does not have
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
even at the stage of execution or in a collateral proceeding
and the learned Counsel has drawn sustenance from the observation ... subsequent stage- say, at the execution
stage or even in a collateral proceeding. The aforesaid position
is well settled and not open for any dispute
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
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
enforced even at the stage
of execution or in collateral proceeding, as decree passed by him
is a coram non judice.
16. In view
