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Coram Non Judice

Meaning: This maxim connotes that when a suit is brought before the Court having
no jurisdiction to try it, then judgment by that Court in such matter is void.
Therefore such judgment cannot upheld by the Superior Court

Ca`se of Chief Engineering, Hydel Project V/s Ravindra Nath 1

In the mentioned case of Chief Engineering Hydel Project V/s Ravindra Nath, the
doctrine of Coram Non Judice was applied. The Supreme Court also said that, as
Civil Court was not having jurisdiction in this matter, thus judgment of it cannot be
upheld. Therefore the Court concluded by saying

“Once the original decree itself has been held to be without jurisdiction and hit by the
doctrine of Corum Non Jjudice, there would be no question of upholding the same merely on
the ground that the objection to the jurisdiction was not taken at the initial, first appellate
or the second appellate stage. It must, therefore, be held that Civil Court in this case had
no jurisdiction to deal with the suit and resultantly the judgments of the Trial Court, first
appellate Court and second appellate Court are liable to be set aside for that reason alone
and the appeal is liable to be allowed. In view of this verdict of our, we have deliberately not
chosen to go into the other contentions raised on the merits. We, however, make it clear
that we have not, in any manner, commented upon the rights of respondent-plaintiff, if any
arising out of the labor jurisprudence.” Thus the appeal was allowed.

1
(2008) 2 SCC 350

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