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december 1962

Supreme Court of India · 1962-12-07

PHOOL CHAND SHARMA AND OTHERS vs CHANDRA SHANKER PATHAKAND OTHERS

Citation / case number
SC 1960/239
Court
Supreme Court of India
Petitioner
PHOOL CHAND SHARMA AND OTHERS
Respondent
CHANDRA SHANKER PATHAKAND OTHERS
Bench
AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court held that the appeal was barred by res judicata as the decision of the High Court on merits would bind the parties unless modified or reversed. The court emphasized that the appellants failed to challenge the High Court's dismissal of their petition under Article 226, thus precluding them from further appeals. The ruling relied on precedents such as Daryao v. State of U.P. and Indian Aluminium Co. Ltd. v. The Commissioner of Income-tax, affirming the principle that a decision on merits is conclusive.

PHOOL CHAND SHARMA AND OTHERS vs CHANDRA SHANKER PATHAKAND OTHERS · Niyam