validate the decree. Being a void decree, it can be attacked
collaterally and the petitioner can set up a defence that the
decree cannot ... relates to the fraudulent conveyance and
lien, may not be attacked collaterally. Seeming to be in
conflict with the last statement is the holding
Specific Relief Act, 1877 or as evidence of any collateral transaction not required to be effected by registered instrument. Inter relation between Section ... evidence under Section 4 of the Registration Act, except for the collateral purpose of proving the nature and character of possession of the defendants
this question, it is advantageous to consider the confines and limit of collateral attack of a decision of a court or tribunal on the ground ... appeal, but by a separate independent proceedings and perhaps in a collateral proceedings. It is plainly that clear that an unsuccessful party will
made by an authority bereft of power can be
made directly or collaterally.
20. The learned counsel has further contended that
the learned single Judge ... impugned judgment that there
can be a collateral attack, even without a formal challenge
directly. Having thus accepted the proposition, the learned
single Judge, contends
examined. The further question
whether the same could be used for a collateral purpose, namely, to
prove the period of lease was also examined ... transaction affecting immovable property, may be
admitted as evidence of collateral facts, or for any
collateral purpose, that is for any purpose other than that
document from being used in evidence under Section 72 for any other collateral purpose.
3. In the case cited supra Allahabad High Court held thus ... from being used in evidence under Section 72 for any other or collateral purpose."
The above decision refers to Mathra Pershad v. Cheddi
section enabled the use of such a document as evidence of any collateral transaction not required to be effected by a registered instrument. Reliance ... cannot be pressed into service here. The connotation of the expression "collateral purpose" has to be clearly borne in mind. The lease deed
this Court that an unregistered lease deed can be
relied on for collateral purposes. Herein, it will evidence the possession of
the petitioner and therefore ... that an unregistered agreement of lease can be admitted as evidence of
collateral facts or purposes like character of possession. It was held as
follows
bound by the directions therein, they cannot collaterally attack
the said Government orders in this original petition or ignore them on
the plea that ... Government orders relied on by the petitioner can
be subjected to collateral challenge in this proceedings. Reliance was
placed on the decisions of the Apex
registered document, still it can be used for collateral
purposes and it is clearly stated in the said document that
the building ... registered one, though a lease, it can be used for
collateral purposes. In the decision reported in Rai Chand
Jain v. Chandra Kanta Khosla