AI Overview...
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Collusive Decree - The High Court has the authority under Article 227 of the Constitution of India to set aside collusive decrees, especially when such decrees are obtained fraudulently or contrary to law. This supervisory jurisdiction allows the Court to protect public interest and ensure justice, even in collateral proceedings. TODHUNTER NAGAR RESIDENTS ASSOCIATION VS S. SELLAPPAN - Madras, G. Kumanan S/o G. Ganapathy vs Kuluppai Ramasamy Chettiar Charitable Trust - Madras, G.kumanan S/o. G. Ganapathy Vs Kuluppai Ramasamy Chettiar Charitable Trust - Madras, R.Seemon vs R.Vinoth - Madras, Lalit Malick VS Bajinder Singh through his Assignee Satnam Singh - Bombay
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Power under Article 227 - The High Court can suo motu or on application examine whether a decree is collusive or obtained through fraud, and set it aside if found to be against law or justice. This includes cases of ex parte decrees, collusive suits, or where fraud has been played upon the Court. G. Kumanan S/o G. Ganapathy vs Kuluppai Ramasamy Chettiar Charitable Trust - Madras, R.Seemon vs R.Vinoth - Madras, Thirugnanasambandam VS Sundaramurthy Chettiar - Madras, Lalit Malick VS Bajinder Singh through his Assignee Satnam Singh - Bombay
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Collusive Decree in Specific Cases - Courts have identified collusive behavior in various cases, such as suits for specific performance or Lok Adalat awards obtained fraudulently. The Court's intervention under Article 227 ensures that such decrees do not stand if they are collusive or fraudulent. MOHO. MASTHAN VS SOCIETY OF CONGREGATION OF THE BROTHERS OF THE SACRED HEART - Supreme Court, S.Sathishkumar vs N.Thiyagarajan - Madras, Thirugnanasambandam VS Sundaramurthy Chettiar - Madras, MOHAMED MASTHAN VS SOCIETY, CONGREGATION, BROS. S. HEART - Himachal Pradesh
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Limitations and Procedural Aspects - While Article 227 provides broad supervisory powers, the Court emphasizes that mere submission to a decree does not preclude the Court from examining its validity for collusiveness or fraud. The Court's jurisdiction is independent of res judicata and can correct even final decrees if collusion or fraud is established. R. S. Sornam VS Rathinam - Madras, Lalit Malick VS Bajinder Singh through his Assignee Satnam Singh - Bombay
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Main Points & Insights:
- The High Court's jurisdiction under Article 227 is a potent tool to set aside collusive, fraudulent, or law-contrary decrees.
- Such intervention is justified to prevent abuse of process and uphold justice.
- Courts have consistently held that collusive decrees can be challenged and set aside under supervisory jurisdiction, regardless of procedural submissions or finality of the decree.
- The scope includes ex parte decrees, compromise decrees, Lok Adalat awards, and other judgments obtained through fraud or collusion.
Analysis and Conclusion: The sources collectively establish that under Article 227 of the Indian Constitution, the High Court possesses the inherent supervisory power to scrutinize and set aside collusive decrees, including ex parte and compromise decrees, when obtained through fraud or collusion. This power is crucial to prevent misuse of judicial processes and to uphold the integrity of the judiciary. The Court's intervention is justified even after final judgments, emphasizing the importance of justice over procedural finality in cases of fraud or collusion.
Search Results for "Collusive Decree Set Aside by High Court under Article 227"
1998 0 Supreme(Mad) 275 • India - Madras
S.S.SUBRAMANI
Ratio Decidendi: The High Court held that a collusive decree is liable to be set aside by invoking Article 227 of the Constitution ... CIVIL PROCEDURE CODE - ORDER IX RULE 13 - EX PARTE DECREE - COLLUSIVE DECREE - SETTING ASIDE - POWER OF HIGH COURT UNDER ARTICLE ... Final Decision: The High Court....
2025 0 Supreme(Mad) 3929 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice N. SATHISH KUMAR
(2023) 6 MLJ 70 in support of his contention that in a collateral proceedings , if it comes to the notice of the High Court that the judgment is contrary to law, the High Court under Article 227 of the Constitution of India, is empowered to set aside such a decree. ... The decree obtained in the suit is nothing but a collusive one. In order to protect the interest of the public charity, the revis....
2025 Supreme(Online)(MAD) 1231 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J
(2023) 6 MLJ 70 in support of his contention that in a collateral proceedings , if it comes to the notice of the High Court that the judgment is contrary to law, the High Court under Article 227 of the Constitution of India, is empowered to set aside such a decree. ... The decree obtained in the suit is nothing but a collusive one. In order to protect the interest of the public charity, the revis....
2006 0 Supreme(SC) 231 • India - Supreme Court
S.B.SINHA, P.K.BALASUBRAMANYAN
No. 1220 of 1987 between first and second respondent disposed of by compromise decree - Compromise decree not set aside in terms ... H.C., however, not correct in dealing with the question as to whether the decree passed in suit for specific performance was collusive ... No. 1220 of 87 is not set aside and/or the original suit is not decreed, the possession of 1st respondent cannot be interfered with-The ... ... Having held so, it ....
2025 0 Supreme(Mad) 2283 • India - BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R.Vijayakumar, J
Article 227 of Constitution of India to set aside the exparte judgement and decree passed in a suit for specific performance on 08.12.2022. ... When the fraud has been played upon the Court, the first defendant need not invoke Order 9 Rule 13 of C.P.C to set aside the exparte decree. He could very well invoke the supervisory jurisdiction of this Court under Article 227 of #HL_STA....
2023 Supreme(Online)(Mad) 92322 • India - Madras High Court
Final Decision: The High Court set aside the Lok Adalat award and restored the suit. ... 227 of the Constitution of India, seeking to set aside a Lok Adalat award passed in O.S.No. 1936 of 2019. ... Article 227 of the Constitution of India, as the award was obtained fraudulently. ... Respondents Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, praying t....
2014 0 Supreme(Mad) 1454 • India - Madras
P.R.SHIVAKUMAR
- Collusive application - Interim stay - Superintendence of High Court - Article 227 Fact of the Case: The judgment ... Final Decision: The court allowed the civil revision petitions, set aside the interim stay, struck off the appeal, and directed ... Finding of the Court: The court found that the third party's claim of tenancy was collusive and an abuse of process ... power of this ....
2019 0 Supreme(Mad) 2763 • India - Madras
N.ANAND VENKATESH
Constitution of India,1950 - Article 227 - Civil Procedure Code,1908 - Order 20 - Rule 5 - Inquiry - Claim ... / defendant is submitting himself decree - If this is not done Courts will be used by parties to obtain collusive decrees - Petition ... submitted himself to decree - Mere submission to the decree does not take away duty of Court to satisfy itself that first respondent ... The learned counsel submitted that the parties have played a fraud in....
2006 0 Supreme(HP) 48 • India - Himachal Pradesh
S.B.SINHA, P.K.BALASUBRAMANYAN
Finding of the Court: The High Court held that the decree passed in OS No. 140 of 2003 was collusive and directed the ... OS No. 1220 of 1987 was not set aside, and the original suit No. 381 of 2003 was not decreed. ... Possession - Property Dispute - Code of Civil Procedure - Article 227 of the Constitution of India - OS No. 140 of 2003, OS No ... Having held so, it directed: "In the above said circumstances, th....
2011 0 Supreme(Bom) 583 • India - Bombay
B.R.GAVAI
(A) Constitution of India---Articles 226 and 227---Writ jurisdiction---Scope and ambit---Jurisdiction of High Court under Article ... However, High Court as a Court of record would be bound to exercise jurisdiction vested in it under Article 226 or 227 to correct ... decree---Res judicata will not come into the way. ... This Court as a Court of record would be....
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