Avtar Singh & Ors vs Jagjit Singh & Anr on 27 July, 1979
We find that the decision of three learned Judges of this
Court in Mathurn Prasad Bajoo Jaiswal and Others v. Dossibai
N.S. Jeejeebhoy, has not been noticed at all by the Division
Bench comprising two learned Judges of this Court which
delivered the judgment in Avtar Singh and Others v. Jagjit
Singh and Another, and hence, to the extent, that the judg-
ment in Avtar Singh's case takes the view that the principle
of res judicata is applicable to an erroneous decision on
jurisdiction, it cannot be regarded as good law. In our
opinion a court which has no jurisdiction in law cannot be
conferred with the jurisdiction by applying principles of
res judicata. It is well settled that there can be no estop-
pel on a pure question of law and in this case the question
of jurisdiction is a pure question of law.