Impleadment Of Civil Courts As party Respondents
ABHINAV JAIN
(Querist) 08 December 2009
This query is : Resolved
Whether a Civil Court Can be impleaded as party respondent in a writ petition filed against its order?
1.S.C. in A.I.R. 1963 SC 786 held in affirmative.
2.S.C. in A.I.R. 1999 SC 976 held(rather observed in para 14) in negative
3.Raj. H.C.(SB) in one decision - 2009 WLC 57 upheld the decision of S.C. in A.I.R. 1963 SC 786
4.Raj. H.C.(SB) in another decision - unreported(but passed a day before the above judgement in 3) rejected S.C. judgement in A.I.R 1963 SC 786 but upheld S.C. Judgement in A.I.R 1999 SC 976 (Para 14).
In my view decision of the S.C. in A.I.R 1999 SC 976 (para 14) is not the ratio decidendi but merely an obiter dictum, therefore no court inferior to the S.C. is bound by its obiter dictum in any case?
Kindly Suggest?
