Collusion of plaintiff and learne sub judge
monjula sooresh
(Querist) 12 September 2012
This query is : Resolved
Could you cite any cases HC or SC relating to an order passed by Judge in colluson with the plaintiff?
R.K Nanda
(Expert) 13 September 2012
hypothetical query.
monjula sooresh
(Querist) 13 September 2012
Thank u for taking time out to answer. But I beg to differ.
Consider this situation. Bro sister partition suit. Prelim decree declares half undivided share for each in 1994 under unity of title and community of possession of undivided family dwelling house in possession of sis for last 35 years. 2004 may bro dies in aug 2004 stranger appears with Xerox sale deed dt 2002 – no original shown or submitted - claiming he bought partitioned property by metes & bounds by virtue of said sale deed & prays for impleadment as plntf in place of ded plntf & carve out and deliver. Petn says bought e plntffs share but evidence ie saledeed says bought exclusive prop partitioned by metes & bounds by absolute sale purportedly from bro. Jan 2005 sis petns that suit has abated. dec 2005 lsj says no one substituted yet, sets date in jan 2006 to hear abatement petn. On hearing date lsj passes order impldg and carving out without evaluating, admitting, endorsing or exhibiting the sole evidence the ‘sale deed’ just on bald pleading only! Then lsj sets date for hearing abatement petn an prevents sis from going to HC. Till feb 2008 stranger has not rejoinde sis abatement plea. Lsj Rejects petn citing res judicata of impldg order!!!! andGorain case pat 1956 which was overruld by Fb of same court in 1962 without referring to sis objections & arguments. Again no consideration of any evidence.
Is there collusion by judge on the face of the record???
venkatesh Rao
(Expert) 13 September 2012
Yes, prima facie there appears force in your contention. But you should have shown to the court by filing a memo that the decision relied on stood overruled
prabhakar singh
(Expert) 13 September 2012
Rule of res judicata does not have any role to play in your case.
Why are you agitated by ANSWER of Mr Nanda.
Why did not you post the facts at earliest.
We are not astrologers.
Evaluation by Mr.Venkatesh Roa is correct.
monjula sooresh
(Querist) 14 September 2012
Thank you Mr Rao and Mr Singh. Dispel the thought! I am not agitated by Mr Nanda's answer, just piqued. What would you recommend in this case? Have filed for review u/s 114 CPC claiming fraud, collusion u/s 44 Evidence Act. Would the fact that I have alleged collusion between lsj and plaintiff evident on the face of the record, make me liable to contempt? what other option do I have? Have complained to Registrar of HC re conduct of proceedings.
