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A W K Mecci (Advocate)     20 December 2011

Can a sub. court over rule the judgement of a superior court

Hello Learned Collegues,

In a declaratory suit involving the same propety and parties, a Cvil Judge (junior divison)'s court has ruled during 2002 that the unchallenged judgement passed by Civil Judge (senior division) during 1986 as not binding, igonoring even the principles of resjudicata. The first regular appeal against this judgeent of junior divison is upheld by senior division.  

I had never imagined this to happen but it is a fact. The matter is pending before the High Court in regular regular appeal. 

Can any one of you please help me out with SC ruling in this behalf.

A W K Mecci, Bangalore

 



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