TMI Blog1975 (3) TMI 135X X X X Extracts X X X X X X X X Extracts X X X X ..... ellants before us moved this Court that with a view to save money and energy, one of the four may be directed to be got ready and disposed of and the others may, thereafter, follow the fate of the first. On this basis C.A. 2556 of 1966 was heard at length and decided adversely to the present appellants. Shri Bindra, learned counsel for the appellants submits that the earlier adjudication by this Court amounted to a judgment per incuriam and did not bind him or the Court. He was thus free,to argue on the merits, especially the holding on the civil court s jurisdiction, and the matter was at large. We have to consider this contention on its merits. Certain background facts bearing on the narrow question above posed serve to appreciate the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellants) accordingly pray that this Hon ble Court may be pleased to pass orders (1) Consolidating the 4 appeals abovementioned. (2) Modifying the orders dated 8-12-1966 in S.L.P. 1366 of 1966 so that the security for the respondents costs deposited in the said appeal may be considered also as security for the costs of the Respondents in the 3 appeals arising from the S.C.As. No. 186-15, 189-D and 190-D of 1966. (3) That in case the appellants are required to furnish further security apart from the amount deposited in Civil Appeal No. 2556-of 1966, time may be suitably extended for such deposit and delay in depositing within the time allowed by the Rules may be condoned. (4) Modifying the directions regarding the preparation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . His word to the Court is as good as his bond and we must, without more ado, negative the present shift in stand by an astute discovery of a plea that the earlier judgment was rendered per incuriam. The wisdom which has fallen from Bowen, L.J. in Ex Parte Pratt(52 Q.B. 334, 341), though delivered in a different context, has wider relevance to include the present position. The learned Lord Justice observed There is a good old-fashioned rule that no one has a right to conduct himself before a tribunal as if he accepted its jurisdiction, and then afterwards, when he finds that it has decided against him, to turn round and say, You have no jurisdiction . Certainty of the law, consistency of rulings and comity of courts--all flow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herwise, conclusive judgments for other paramount ruler governing justice administration prevail, as earlier indicated. But it is extremely significant that this facile theory was frowned upon by the House of Lords in Cassel Co. Ltd. v. Broome([1972] 1 All E.R. 801-(1972) 2 W.L.R. 645). In that case the highest Court, viz. the House of Lords. rejected in condemnatory terms the, Court of Appeal s decision to the effect that the, decision of the House of Lords in Rookes v. Barnard (1964 A.C. 1129) on the issue of exemplary damages had been reached per incuriam because of two previous decisions of the House. Lord Hailsham, L.C., in the course of the leading speech for the majority. asserted that it is not open to the Court of Appeal to ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
