Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Plea of collusion, connivance and fraudulent representation - Suit seriously contested and all possible points raised - Appeal against same dismissed after hearing - It cannot be said that decree was obtained in collusion with defendants and fraudulently...........
Criminal Procedure Code, 1973, Section 340 -- Exparte divorce decree alleged to be obtained by furnishing false signatures of wife on summons - Signatures of wife taken in Court did not tally with that on summons - Held, merely for this reason husband cannot be said to have committed fraud in collusion with process server - Such fact by itself is not a ground for..........
Collusive or fraudulent decree -- In order to contend in a latter suit or proceeding that an earlier judgment was obtained by fraud or collusion, it is not necessary to file an independent suit. AIR 1991 P&H 159 (FB) not correct law...........
Decree against minor -- When correctness of a decree is challenged by a minor on attaining majority, limited defence open to him is that either the decree in earlier suit was obtained by fraud/collusion or by negligence by the Court guardian or that guardian ad litem did not safeguard the interest of the estate of minor...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Compromise decree obtained by fraud and collusion and with object to defeat rights of transferee pending litigation - Liable to be set aside - Not binding on transferee...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Eviction petition - Compromise - Execution of decree - Objector given possession of disputed premises by J.D. as a licencee - Plea of objector that decree was obtained by D.H. in collusion with J.D. and that he was tenant of disputed premises - Not supported by evidence - D.H. producing sufficient evidence that disputed..........
Partition -- Decree of partition can be challenged by the tenant on the ground that it was obtained by fraud or collusion to create a ground of eviction against him. (Evidence Act, 1872, S.44)..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of replication - A party to litigation cannot be allowed to set up absolutely a different case by way of amendment of pleadings - Plaintiffs took up plea that decree obtained by collusion - Amendment of replication to set up plea of fraud - Both pleas contradictory to each other - Amendment not to be allowed...........
Punjab Utilisation of Surplus Areas Scheme, 1973 - - Paras 3, 5 and 6 - Surplus land allotted to eligible persons after considering claims of all applicants on the list drawn up under the Scheme - Neither objections raised at the time of allotment nor order of allotment challenged - Subsequently application for allotment on the ground of being a tenant on the land - Status..........
Civil Procedure Code, 1908, Order 21, Rule 29, Civil Procedure Code, 1908, Order 6, Rule 4 -- Discretion conferred on the Court by Rule 29 shall be exercised judicially and not mechanically as a matter of course - The Court should duly consider that a party who has obtained lawful decree is not deprived of the fruits of that decree except for good and cogent reasons. So..........