maritial status of the
parties and that to in a collateral proceeding. The Court of SDJM, Hojai relied
upon the Judgment of the Apex court ... marital status of the
parties and that too, in a collateral proceeding for maintenance. (relied on
(2013) 2 SCC 137 Deoki Panjhiyara vs. Shashi Bhushan
High Court had
through the order dated 17.03.2022 in a collateral proceeding
directed that the five officers stated in the said order be called
stage, even at the stage of execution, and even in a collateral proceeding. In
the present case, we have no doubt in our mind, that
vendor without any title could be
disregarded even in a collateral proceeding, i.e., the present suit by
the proprietors. The High Court deemed ... could also be
disregarded in collateral proceedings as well. It was also found that
the decision in the previous proceeding cannot extinguish the
rights
decision is a nullity and can be set-up in collateral
proceeding as well. A defect of jurisdiction which goes to
the root ... such
validity can be challenged at any stage, even in execution or
collateral proceedings.
v. Judgement reported in Lion Engineering Consultants Vs.
State of Madhya
notice of the same and it can be disregarded in collateral proceeding or otherwise. Reliance is placed on the judgement of the Apex Court
C.H.Madhava Rao vs South India Educational Trust on 13 July, 2023
Author: S
cause of action to challenge
any order or proceeding even in collateral proceeding. He
submitted that the fraud played by the petitioner came ... Court always retains the power in that proceeding
or in any collateral proceeding to undo any order obtained
fraudulently by any party to the proceeding
that
any decree passed without jurisdiction can be challenged in an execution
proceeding by an application under Section 47 of CPC. He refers ... sought to be enforced at the stage
of the execution or collateral proceeding. The defect of jurisdiction strikes at
the authority of a Court
relief?.
Whether the order passed could be invalidated in a collateral
proceeding?, and Whether Review Court can entertain,
subsequent documents came in existence after passing
