Similar view has been reiterated by this Court in Sneh Gupta v. Devi Sarup and Ors. MANU/SC/0238/2009 : (2009) 6 SCC 194.
From the above, it is evident that even if a decree is void ab initio, declaration to that effect has to be obtained by the person aggrieved from the competent court. More so, such a declaration cannot be obtained in collateral proceedings.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 1635 of 2011.
Decided On: 23.08.2011
Inderjit Singh Grewal Vs. State of Punjab and Ors.
Hon'ble Judges/Coram:
P. Sathasivam and B.S. Chauhan, JJ.
Author: B.S. Chauhan, J.
Citation: (2011) 12 SCC 588,MANU/SC/0988/2011.
