attached. As a plea of fraud can be raised
even in a collateral proceeding and the trial
court having recorded a specific finding that ... held that,
"it is possible to challenge even in collateral
proceeding that a judgment, decree or order
have been obtained by fraud and collusion
illegal to hold that a matter which is collateral or
incidental in a prior suit will operate as a res judicata ... observations in paragraphs 10 to 12 to contend that
findings on matters collaterally and incidentally in issue are not res judicata and
that an issue
judgment debtor, be it in the same proceeding or even in a
collateral proceeding. It is contended that if the decree is null
and void ... without jurisdiction is a nullity and could be set up even in
collateral proceeding. In the former of the said decisions, it is
held that
recognised by any Court and
that even in collateral proceedings such order could be
challenged on the ground that it is vitiated by fraud ... fraud or collusion is to be raised requires consideration. No
doubt, in collateral proceedings also such question could be
raised but, this writ petition
India on the
security of hypothecation of stock in trade and other collateral
security. When the Officer of the said Bank inspected the godown ... amount due to the de facto
complainant is otherwise secured by the collateral security given
by petitioners 2 and 3. When there was an attempt
compulsorily registrable, the said document could be admitted and looked
into for collateral purposes such as a decision on possession of item ... admitted in evidence and at any rate, could be used for
collateral purposes is also a matter which I think has to be left open
court and it is possible
that sale can be challenged even in collateral proceedings.
According to the petitioner, it learnt about fraud and collusion
Transfer of Property Act, 1882 or
as evidence of any collateral transaction not
SA No.669/1997
8
required to be effected by registered
instrument
third accused) showing inflated value of property of
petitioner offered as collateral security was made use for the
purpose of securing a cash credit facility
created in
favour of a Co-operative Society can be ignored
in collateral proceedings?"
S.A. No.739 of 1998
-: 2 :-
2. Plaintiff died ... could only be under
the provisions of the Act and not collaterally in the suit for redemption.
The contention is equally not sustainable
