Consider the following statements with reference to Collusive Litigation:
1. A collusive decree can be challenged only by a party who was not involved in the collusion.
2. The High Court may intervene in collusive litigation cases under Article 227 of the Constitution.
3. The burden of proving collusion lies with the party seeking to uphold the decree.

Which of the statements given above are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

Question

Consider the following statements with reference to Collusive Litigation:
1. A collusive decree can be challenged only by a party who was not involved in the collusion.
2. The High Court may intervene in collusive litigation cases under Article 227 of the Constitution.
3. The burden of proving collusion lies with the party seeking to uphold the decree.

Which of the statements given above are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

TutorArc · Accepted Answer

The Supreme Court recently took suo motu cognisance of alleged collusive litigation involving officials of the Bengaluru Development Authority (BDA).

Statement 1 is correct: A collusive decree can be challenged only by a party who was not involved in the collusion. A party who was part of the fraud/collusion cannot later challenge it. But any third party or affected person can challenge it, since collusion is a fraud on the court.

Statement 2 is correct: Article 227 gives the High Court supervisory jurisdiction over all subordinate courts. If a collusive decree is obtained to defeat justice, the High Court can step in under Art. 227 to prevent abuse of the process of law.

Statement 3 is not correct: In law, the burden of proving collusion is on the party alleging collusion, not the one upholding the decree. Section 101 of the Evidence Act: &ldquo;He who asserts must prove.&rdquo; So, if someone claims a decree is collusive, they must prove it.

Collusive Litigation

Legal Provisions and Challenges

Website Link

Test Your Knowledge

Student Resources


M Question 1	⏱ 0
Consider the following statements with reference to Collusive Litigation: 1. A collusive decree can be challenged only by a party who was not involved in the collusion. 2. The High Court may intervene in collusive litigation cases under Article 227 of the Constitution. 3. The burden of proving collusion lies with the party seeking to uphold the decree. Which of the statements given above are correct? (a) 1 and 2 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3

Collusive Litigation

Legal Provisions and Challenges

Demo Session!

Demo Session Fill out the form below and hit the Join Session button to proceed.

Demo Session
Fill out the form below and hit the Join Session button to proceed.