registration formalities by bringing about partition or transfer of title relating to immovable property. If ever such a decree is made and as it is made the foundation for enforcement of civil rights and any party takes up a plea of collusion, if he was himself a party or any third party who claims that he is not bound, the nature of decree and whether it could operate to create a lawful transfer of title is bound to be examined by the Court before which its enforcement is sought. There are three fundamental precepts at law which are in operation: (a) A decree that is relevant, if it relates to matters of a public nature relevant to the decree, it is still not conclusive of what it states (see Section 42 of Evidence Act); (b) A fraud or collusion in obtaining a decree, which is a relevant could always be shown by the adverse party that the decree is vitiated (see Section 44 of Evidence Act) and (c) A decree, per se cannot effect a transfer of title or interest in immovable property. It could either declare a transfer that is already effected by a lawfully admissible process or give room for obtaining such transfer, such as a decree of specific enforcement of a right under a statute or a contract.
