SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2019 Supreme(SC) 478

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

The decision in a representative suit is binding on all parties involved.

Headnote:

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.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top