Ram Sarup vs Munshi And Others(And Connected ... on 30 August, 1962
This question, in our considered
view, cannot and should not also be decided merely on the format of the
decree under challenge or it being one or the manner in which it was dealt
with before or by the Court, which passed it. It may usefully be noticed at
this stage that the decision in Harihar Prasad's case (supra) wherein the
principles have been considered elaborately in the light of the overall
distinguishing features from an aspect very relevant for the purpose of the
cases before us, specifically adverted to the decision in Ram Swarup's case
(supra) of the Constitution Bench as also the unreported decisions in
Jhingan Singh's case (supra) and Kishan Singh's case (supra) and
distinguished them with observations as hereunder:-