Collateral Or Incidental Issue

Collateral or incidental issue, a collateral or incidental issue is one that is ancillary to a direct and substantive issue; the former is an auxiliary issue and the latter the principal issue. The expression 'collaterally or incidentally' in issue implies that there is another matter which is 'directly and substantially' in issue, Sajjadanashin Sayed Md. B.E Edr v. Musa Dadabhai Ummer, (2000) 3 SCC 350: AIR 2000 SC 1238 (1243). [Civil Procedure Code 1908, s. 11]