Collusion

Element of fraud is inbuilt in the expression "collusion". Black's Law Dictionary, Fifth Edn., Wharton's Law Lexicon, 14th Edn. and Zafarullah and 3 others v. Civil Judge, Hafizabad and 3 others PLD 1984 Lah. 396 ref.

In judicial proceedings expression "collusion" means a secret arrangement between two parties that one should institute a suit against the other in order to obtain decision of Judicial Tribunal for some sinister purpose.

Respondent complained of a secret compact between parties to declaratory suit for an evil and fraudulent purpose Declaratory suit was alleged to be kind of an artifice employed by parties to that suit to deceive respondent-"Collusion" pleaded by respondent was "fraud" inasmuch as it was not an innocuous agreement in other words was a deceitful agreement for an evil purpose Held, though respondent had not used word "fraud" in plaint, yet by making averments contained therein he had pleaded fraud- respondent, therefore, could assail declaratory decree passed in favour of petitioner by making application under S. 12(2), C. P. C. in circumstances.

S. 12(2) [as added by Civil Procedure Code (Amendment) Ordinance (X of 1980)]-Words and phrases-Word "collusion" in judicial proceedings-Means secret agreement between two persons to have a suit instituted by one against other in order to obtain decision of a judicial tribunal for some sinister purpose.-[Words and phrases].

S. 12(2) [as added by Civil Procedure Code (Amendment) Ordinance (X of 1980)]-Words and phrases

Word "person" in S. 12(2)

Connotation-fiction 12(2) contains word "person" and not ` judgment-debtor" or "his successor-in-interest" or word "party to suit "Law-maker if really intended to restrict right of filing application under S. 12(2) to judgment-debtor or his successor-in-interest or a person party thereto, nothing prevented law-maker to have said so Interpretation of statutes-Import into a provision of law something not mentioned therein-Not permissible.-[Words and phrases-Interpretation of statutes].