Collusive Litigation

Choose the Correct Answer

Correct Answer : Option a

Explanation
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: “He who asserts must prove.” So, if someone claims a decree is collusive, they must prove it.