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2017 DIGILAW 1388 (SC)

Ram Kishan v. Union of India

2017-09-06

ARUN MISHRA, MOHAN M.SHANTANAGOUDAR

body2017
ORDER : 1. Undoubtedly a frivolous petition has been filed for declaring the provisions Section 49(c) of the Registration Act, 1908, as ultravires to Articles 14, 21 and 300A, by invoking Article 32 of the Constitution of India. 2. It is not disputed that the earlier suit for specific performance was filed by the Respondent Nos.2-4, namely, Bijender Mann @ Vijender Mann, Dharam Vir Mann and Jaibir Mann. The suit was decreed in their favour vide judgment and decree passed by the trial court on 12.5.2010. The appeal preferred by the petitioner was dismissed by the First Appellate Court on 19.10.2011. Thereafter, he questioned unsuccessfully the judgment and decree passed by the High Court by way of filing second appeal, which was dismissed by the High Court on 11.9.2013. The matter did not rest at that. A special leave petition was preferred in this Court, which was also dismissed by this Court on 5.12.2013. Thereafter, a review petition filed against the said special leave petition was also dismissed. In view of that, the judgment and decree passed by the courts below attained finality. As a misadventure the present writ petition has been filed, so as to question the validity of the aforesaid provisions. 3. At the outset, we had put a specific query to the learned senior counsel appearing for the petitioner, that in view of the fact that the judgment and decree which had attained finality upto this Court, whether that can be reopened by way of filing a writ petition under Article 32 of the Constitution of India, by way of questioning the validity of the aforesaid provisions. Learned counsel was unable to show any decision to us and rightly so, as it is a trite law that once a judgment and decree attains finality, it cannot be reopened and it operates as a res-judicata. It was too late in the day for the petitioner to question the validity of the aforesaid provisions, so as to get rid of judgment and decree. 4. Thus, the instant petition filed by the petitioner is not maintainable as it has been filed so as to get rid of the judgment and decree passed in the civil suit which has attained finality upto this Court. The aforesaid question does not require adjudication in this matter in the aforesaid view of the matter. 4. Thus, the instant petition filed by the petitioner is not maintainable as it has been filed so as to get rid of the judgment and decree passed in the civil suit which has attained finality upto this Court. The aforesaid question does not require adjudication in this matter in the aforesaid view of the matter. It amounts to a gross abuse of the process of law and interference in administration of justice. As such, we deem it appropriate to dismiss this writ petition with exemplary cost. The cost is quantified as Rs.1,00,000/- (Rupees One Lakh only) and same be deposited with the Supreme Court Bar Association, within six weeks from today. 5. Pending application, if any, stands disposed of.