Coram Non Judice

21 May 2018

Case of Chief Engineering, Hydel Project V/s Ravindra Nath[1]

In the mentioned case of Chief Engineering Hydel ProjectV/s Ravindra Nath, the doctrine of Coram Non Judice was applied. The Supreme Court also said that, as Civil Court was not having jurisdiction in this matter, thus judgment of it cannot be upheld. Therefore the Court concluded by saying

“Once the original decree itself has been held to be without jurisdiction and hit by the doctrine of Corum Non Judice, there would be no question of upholding the same merely on the ground that the objection to the jurisdiction was not taken at the initial,first appellate or the second appellate stage. It must, therefore, be held that Civil Court in this case had no jurisdiction to deal with the suit and resultantly the judgments of the Trial Court, first appellate Court and second appellate Court are liable to be set aside for that reason alone and the appeal is liable to be allowed. In view of this verdict of our, we have deliberately not chosen to go into the other contentions raised on the merits. We, however,make it clear that we have not, in any manner, commented upon the rights of respondent-plaintiff, if any arising out of the labor jurisprudence.” Thus the appeal was allowed.

[1] (2008) 2 SCC 350

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