Incorrect order passed judge is liable to be set aside in...


 

Incorrect order passed judge is liable to be set aside in appeal

 
 If the suit was barred by time and yet, the court decreed it, the court would be committing an illegality and the aggrieved party would be entitled to have the decree set aside by preferring an appeal against it. As has often been said, courts have Jurisdiction to decide right or to decide wrong and even though they decide wrong the decree rendered by them cannot be treated as nullities,

Supreme Court of India
Ittavira Mathai vs Varkey Varkey And Another on 15 January, 1963
Equivalent citations: 1964 AIR 907, 1964 SCR (1) 495
 
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