NDLI: Mary Pushpam Vs. Telvi Curusumary & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Doctrine of precedents Suit for possession Judicial Discipline Judicial Indiscipline
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Civil Procedure, 1908 (5 of 1908)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Judicial Discipline – Rule and importance of: Held: Rule of ‘Judicial Discipline and Propriety’ promotes certainty and consistency in judicial decisions providing assurance to individuals as to the consequences of their actions – When a decision of a coordinate Bench of same High court is brought to the notice of the bench, it is to be respected and is binding subject to right of the bench of such co-equal quorum to take a different view and refer the question to a larger bench – Following the principles of judicial discipline, lower or subordinate Courts do not have the authority to contradict the decisions of higher courts – On facts, the trial court and the High Court, in the second round of litigation, violated the judicial discipline by adopting a position contrary to the High Court’s final judgment dated 30.03.1990, from the first round of litigation – Judgment dated 30.03.1990 attained finality and should be regarded as the conclusive and binding order from the initial litigation – Interpreting the said judgment which was clear in itself any differently would clearly amount to judicial indiscipline – Also the Sub-Judge in its judgment rightly observed that the trial court had no business to interpret the judgment of the High Court dated 30.03.1990 in any other way than what was recorded there in – Thus, the impugned judgment and order of the High Court is set aside and that of the first appellate court is restored. [Paras 1, 15, 16, 20]Suit – Suit for possession – Accurate description of the actual boundary or the measurements of the property – Requirement:Held: Suit for possession has to describe the property in question with accuracy and all details of measurement and boundaries – When the same is lacking, the suit for possession with respect to such a property would be liable to be dismissed on the ground of its identifiability. [Para 23] Doctrines – Doctrine of merger – Basis of: Held: Doctrine of merger is rooted in the idea of maintenance of the decorum of hierarchy of courts and tribunals – Doctrine is based on the simple reasoning that there cannot be, at the same time, more than one operative order governing the same subject matter. [Para 17] Doctrines – Doctrine of precedent – Rule of: Held: It promotes certainty and consistency in judicial decisions providing assurance to individuals as to the consequences of their actions – When a decision of a coordinate Bench of same High Court is brought to the notice of the bench, it is to be respected and is binding subject to right of the bench of such co-equal quorum to take a different view and refer the question to a larger bench – It is the only course of action open to a bench of co-equal strength. [Para 1]
Judge	Hon'ble Mr. Justice Vikram Nath
Neutral Citation	2024 INSC 8
Petitioner	Mary Pushpam
Respondent	Telvi Curusumary & Ors.
SCR	[2024] 1 S.C.R. 11
Judgement Date	2024-01-03
Case Number	3

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