2014 Supreme(SC) 916

SUPREME COURT OF INDIA
Anil R. Dave, Vikramajit Sen, Pinaki Chandra Ghose, JJ.
PHOOL PATTI AND ANOTHER - Appellants
Versus
RAM SINGH (dead) through legal representatives AND ANOTHER - Respondents
Civil Appeal No. 1240 of 2005 with SLP (C) No. 30368 of 2010
Decided on : July 24, 2014

The Court held that if no inconsistency exists between judgments referred to in a previous order, the matter should be remitted back to the concerned court to be decided on merits.

Headnote:(A) Civil Procedure - Reference to inconsistency in judgments - In the absence of any inconsistency between the judgments referred to in a previous order, the matter is to be referred back to the concerned court for decision on merits. (Para 1-3)

Facts of the case:
A reference was made to the court regarding the consistency of certain judgments referred to in an order dated 31-3-2009. Counsel for the parties submitted that no inconsistency existed between the cited judgments.

Findings of Court:
The court, upon hearing the counsel and reviewing the materials, found that there was no inconsistency between the judgments referred to in the previous order.

Issues: Whether there exists any inconsistency among the referred judgments that necessitates the court's intervention before the appeal is decided on merits.

Ratio Decidendi: Where the court finds no inconsistency between the judgments referred to in a previous order, the appropriate course of action is to refer the matter back to the court concerned to ensure the appeal is decided on its merits.

Result: Civil appeal and special leave petition disposed of, and the matter referred back to the court concerned.