MAMLESHWAR PRASAD & ANR versus KANAHAIYA LAL (DEAD) THROUGH L.RS.

MAMLESHWAR PRASAD & ANR versus KANAHAIYA LAL (DEAD) THROUGH L.RS.

When a litigant prays for consolidation of appeals on the representation that all involve identical facts and law, and a common judgment is rendered, he is bound by the outcome. The principle of judgment per incuriam is of limited application, applying only in cases of obvious inadvertence or oversight of binding authority or statutory provision, which is not the situation in the present appeals. Certainty and consistency in law require that like cases be disposed of alike.

Parties
Appellants: Mamleshwar Prasad & Another; Respondent: Kanahaiya Lal (Dead) Through L.Rs.
Jurisdiction
India
Judgment Date
04 March 1975
Procedural Posture
Civil Appeals / From the Judgment and Order Dated 16th August, 1966 of the Delhi High Court in L.p.a. Nos. 63 D, 65 D & 66 D of 1965
Outcome
Appeal dismissed
Legal Topics
Judgment Per Incuriam, Binding Precedent, Jurisdiction of Civil Courts Under Delhi Land Reforms Act
Practice and Procedure Land Reforms Judgment Per Incuriam Binding Precedent Jurisdiction of Civil Courts Under Delhi Land Reforms Act

Case Brief

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Parties

Mamleshwar Prasad & Another

Appellants

Kanahaiya Lal (Dead) Through L.Rs.

Respondent

Procedural Posture

Civil Appeals / From the Judgment and Order Dated 16th August, 1966 of the Delhi High Court in L.p.a. Nos. 63 D, 65 D & 66 D of 1965

Legal Issues

  1. 1 Whether connected appeals based on identical facts and law can be argued on the ground that the earlier Supreme Court judgment was per incuriam and thus not binding

Ratio Decidendi

When a litigant prays for consolidation of appeals on the representation that all involve identical facts and law, and a common judgment is rendered, he is bound by the outcome. The principle of judgment per incuriam is of limited application, applying only in cases of obvious inadvertence or oversight of binding authority or statutory provision, which is not the situation in the present appeals. Certainty and consistency in law require that like cases be disposed of alike.

Court Disposition

Appeal dismissed

Orders

  • Parties to bear their respective costs in this Court.