Khetrabasi Biswal vs Ajaya Kumar Baral And Ors on 20 November, 2003
19. As we evince from the sequence of events, the High Court in the
earlier judgment had issued the direction relating to carrying of
census in a particular manner by adding certain facets though the lis
was absolutely different. The appellant, the real aggrieved party,
was not arrayed as a party-respondent. The issue was squarely raised
in the subsequent writ petition where the Census Commissioner was a
party and the earlier order was repeated. There can be no shadow of
doubt that earlier order is not binding on the appellant as he was not
a party to the said lis. This view of ours gets fructified by the
decision in H.C. Kulwant Singh and others V. H.C. Daya Ram and
others[4] wherein this Court, after referring to the judgments in
Khetrabasi Biswal V. Ajaya Kumar Baral & Ors.[5], Udit Narain Singh
Malpaharia V. Board of Revenue[6], Prabodh Verma & Ors. Vs. State of
U.P. & Ors.[7] and Tridip Kumar Dingal & Ors. V. State of W.B. &
Ors.[8] has ruled thus: