https://www.taxtmi.com/caselaws?id=199286 Section 44 of the Indian Evidence Act permits a party to impeach an earlier decree for fraud or collusion in the later proceeding itself; a separate prior suit to set aside that decree is not a condition precedent. The Court also clarified that a decree in an injunction suit does not operate as res judicata on title unless title was directly and necessarily decided. An incidental or unnecessary finding on title, and any collusive decree, cannot bind the Panchayat in subsequent proceedings. en-us Wed, 27 Sep 2000 00:00:00 +0530 Sat, 24 Feb 2018 15:32:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=199286 Section 44 of the Indian Evidence Act permits a party to impeach an earlier decree for fraud or collusion in the later proceeding itself; a separate prior suit to set aside that decree is not a condition precedent. The Court also clarified that a decree in an injunction suit does not operate as res judicata on title unless title was directly and necessarily decided. An incidental or unnecessary finding on title, and any collusive decree, cannot bind the Panchayat in subsequent proceedings. Case-Laws Indian Laws Wed, 27 Sep 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=199286