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?
adv. rajeev ( rajoo )
(Expert) 09 December 2009
In my opinion civil courts cannot be impleaded in the High Courts. The judgements/orders of the civil courts or any other courts are appelable and can be challenged. So Civil Courts are cannot be impleaded.
Raj Kumar Makkad
(Expert) 09 December 2009
This is purely a constitutional discussion. Various times, it is seen that SC again and again changes its own judgments as you have cited about Rajasthan High Court also.
When courts themselves are not firm on their stand, what do you expect from experts?
let SC decide on the decision of Rajasthan High Court, which is likely to be appealed.
