NARENDER SINGH BHULLAR Vs. INDER SINGH

JUDGEMENT

(1.) RELYING on the Supreme Court's judgment in Dadarao & Anr. vs. Ramrao & Ors., IX (1999) SLT 240 and this Court's judgment in Ashok Aggarwal vs. Bhagwan Das Arora, AIR 2001 DELHI 107 referred to by the defendant's counsel, this Court on 03rd April, 2013 had framed the following issues:-

(2.) IT is pertinent to mention that neither on 03rd April, 2013 nor on 30th May, 2013, learned counsel for plaintiff had submitted that the aforesaid Supreme Court and High Court judgments were not good law.

(3.) IN P.D'Souza vs. Shondrilo Naidu, (2004) 6 SCC 649, a Division Bench of the Supreme Court after referring to the decisions in M.L. Devender Singh and Others (supra) and Dadarao & Anr.(supra) held that the decision in Dadarao & Anr.(supra) was per incuriam. The relevant portion of the Supreme Court's judgment in P.D'Souza (supra) is reproduced hereinbelow:-