Apni Law Staff asked 9 months ago
A recent appellate writ petition (WP) didn’t explicitly address whether a previous case, involving similar issues, was decisively settled. The order lacks a clear explanation. Given this, is the previous judgment legally binding under Order XX of the CPC? What options does the petitioner have? Could they consider writing to the Chief Justice of the High Court or filing a fresh WP in the Delhi High Court, citing Article 226, to ensure a reasoned decision?
Best Answer
Apni Law Staff answered 9 months ago
The previous judgment may not be legally binding as the appellate writ petition did not definitively address its binding nature. The petitioner could file a fresh writ petition, citing Article 226, seeking clarification on the previous judgment’s binding effect. Alternatively, they could seek a review of the order, requesting a reasoned decision.
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