SUPREME COURT OF INDIA
Arun Mishra, Deepak Gupta, JJ.
C.J. BABY & ORS. – Appellant(s)
VERSUS
FR. JIJU VARGHESE & ORS. – Respondent(s)
CIVIL APPEAL NO. 2446 OF 2019 [@ SPECIAL LEAVE PETITION (C) NO. 6445 OF 2019] [DIARY NO. 4972 OF 2019] WITH CIVIL APPEAL NO. 2448 OF 2019 [@ SPECIAL LEAVE PETITION (C) NO. 6447 OF 2019] [DIARY NO. 4896 OF 2019] WITH CIVIL APPEAL NO. 2447 OF 2019 [@ SPECIAL LEAVE PETITION (C) NO. 6446 OF 2019] [DIARY NO. 4629 OF 2019]
Decided on : 26-02-2019
Leave granted - Controversy finally decided in another case - Disposal of appeals
Fact of the Case:
The controversy has been finally decided in another case, making further adjudication unnecessary. The decision in the representative suit is binding on all.
Finding of the Court:
The court granted leave and disposed of the appeals as the controversy had been finally decided in another case, rendering further adjudication unnecessary. The decision in the representative suit was held to be binding on all.
Issues: Controversy finally decided in another case, disposal of appeals, binding nature of decision in representative suit
Ratio Decidendi: The court's decision was influenced by the fact that the controversy had been finally decided in another case, and the decision in the representative suit was deemed to be binding on all parties.
Final Decision: The appeals were disposed of, and the decision in the representative suit was held to be binding on all parties.
ORDER
Delay condoned.
2. Leave granted.
3. As the controversy in question has been finally decided in the case of K.S. Varghese vs. St. Peter’s & Paul’s Syrian Orthodox Church & Ors. in C.A. No. 3674 of 2015 etc. decided on 3rd July 2017, (2017) 15 SCC 333 which holds the field, nothing further survives in the matters for adjudication. Consequently, the appeals stand disposed of in view of the above judgment. Let all the concerned courts and authorities act in terms of the Judgment.
4. Let there be no multiplicity of the litigation on this aspect any more in the various courts. The decision rendered in representative suit is binding on all.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.