Keshav Chander Thakur & Anr vs Krishan Chander & Ors on 24 May, 2013
The
plaintiffs however claim the same to be no longer good law owing to
SLP(C) No.22578/1994 having been preferred against the judgment in
Chander Kishore Gulati (supra) and having been allowed vide order dated
27th April, 1995. However, a perusal thereof shows that the SLP was
allowed with the consent of the parties and without adjudicating the said
issue. It cannot be thus said that the said judgments have been set aside or
CS(OS) No.1397/2011 Page 8 of 13
are no longer good law. I see no reason to not follow the said view. The
objection thus of the plaintiffs to the decree of the Jammu Court being bad
for this reason disappears.