State Of Punjab vs Dr. R.N. Bhatnagar And Anr on 18 December, 1998
Reliance is placed on the judgment in
the case of STATE OF PUNJAB AND ORS. Vs.
Dr.R.N.BHATNAGAR AND ANOTHER - AIR 1999 SC 647 in this
regard. It is also contended by him that, as it is a
jurisdictional point, if a judgment is rendered without
jurisdiction it will be a nullity, even if the parties consented
for such judgment. Reliance is placed on the judgment in
the case of DEVA SAHAYAM (DEAD) BY LRs. Vs.
P.SAVITHRAMMA AND ORS (2005) 7 SCC 653 in this regard.
He also points out that in the absence of pleadings asserting
easementary right and seeking necessary relief with regard to
the suit schedule property for common use of the apartment
owners evidence could not have been permitted to be
adduced on these aspects.