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.