held
that the decree dated 24th November, 1980 was a collusive decree and a
nullity and therefore illegal and void. In effect, Bhagwana made ... held that the decree dated
24th November, 1980 was not a collusive decree since Bhagwana had supported
it. Accordingly, the appeal filed by Ram Singh
between themselves and by
misleading the Court obtained decree for partition. As the decree is
collusive decree, the decree was not executed and after ... first remand, direction was given to frame
the issue regarding the collusive decree passed in RCS No. 61 of 1978
and the share of Dhondubai
between themselves and by
misleading the Court obtained decree for partition. As the decree is
collusive decree, the decree was not executed and after ... first remand, direction was given to frame
the issue regarding the collusive decree passed in RCS No. 61 of 1978
and the share of Dhondubai
defendant in collusion with the other defendants interse in the
9
said suit appears to have obtained fraudulent, collusive, ex parte
decree on the basis ... usufructs of
the decree from 1972 till date and no material is placed to show
that the said decree was collusive and ex parte decree
restrain the defendant from aliena2ng the property
or suffering any collusive decree. In that earlier suit, the defendant appeared
and filed wriIen statement admiJng ... readiness to secure specific performance.
23. Subsequently, upon learning of the collusive decree, the plain2ff
promptly ins2tuted the present suit for specific performance
fact
that the previous decree was a consent decree and that at
the time of the passing of the said decree, as there ... execution
of the decree. However, the ground that the decree for
restitution of conjugal rights was in a sense collusive
decree was pressed before
decree passed by a
Court in invitum is "not a decree at all" and does not need
setting aside, but a compromise decree ... decree passed by a Court in invitum is "not a decree at all"
and does not need setting aside, but a compromise decree
under Section 59 of the Tenancy Act was a fraudulent and collusive decree. The High Court, without adverting to that fact, relying upon the decree ... decree obtained in the suit under Section 59 was a collusive decree is perfectly legal. That was confirmed by an elaborate reasoning in the judgment
decree in favour
of his wife – original plaintiff in the present case. Consequently, a
decree of declaration was passed on 01.02.1995. The said decree ... original plaintiff filed the aforesaid collusive
suit being Civil Suit No.1643 of 1994 and obtained the collusive decree
dated 01.02.1995.
Thereafter, on the strength
plaint filed in the suit, which was the basis of the collusive decree dated 18.11.1995 that there was not even a whisper about love ... stand taken by the defendant-appellant, which resulted into passing of collusive decree on 18.11.1995 and the written statement filed in the instant suit
