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february 1970

Supreme Court of India · 1970-02-26

MATHURA PRASAD BAJOO JAISWAL & ORS. vs DOSSIBAI N. B. JEEJEEBHOY

Citation / case number
SC 1966/60253
Court
Supreme Court of India
Petitioner
MATHURA PRASAD BAJOO JAISWAL & ORS.
Respondent
DOSSIBAI N. B. JEEJEEBHOY
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court ruled that an erroneous decision regarding jurisdiction does not operate as res judicata under Section 11 of the Code of Civil Procedure, 1908. The Court held that if a court incorrectly interprets a statute and claims it lacks jurisdiction, that decision cannot be deemed final for future cases between the same parties. The judgment clarified that while factual determinations are binding, legal questions regarding jurisdiction can be revisited, ensuring that procedural rules do not override substantive law.

MATHURA PRASAD BAJOO JAISWAL & ORS. vs DOSSIBAI N. B. JEEJEEBHOY · Niyam