A.P.SAHI,J. - (1.) The order dated 13.10.2008 passed by the Joint Commissioner, Hindu Religious and Charitable Endowments Department, Vellore, came to be assailed by the appellant in the writ petition giving rise to this appeal, on his suspension as a Trustee in the exercise of powers under Section 53 of the Tamil Nadu Hindu Religious and Charitable Endowments Act , 1959.
(2.) The first ground raised by the appellant was that the Hindu Religious and Charitable Endowments Act , 1959, does not apply in relation to the Trust in question, which is governed by a Scheme formulated under Section 92 of the Code of Civil Procedure, 1908, by a Decree and Order of the Court dated 07.09.1944. This argument need not detain us, even though Mr.Kabilan has tried to urge that the earlier round of litigation is per incuriam. We are not impressed by this argument as the earlier round of litigation is at least res judicata and the said decision having become final, this issue now cannot be raised by the appellant without there being any challenge to the earlier judgment dated 06.07.2010, copy whereof is on record. The said pronouncement by this Court in an application moved before this Court, therefore, binds the appellant and therefore, the learned single Judge in the impugned judgment dated 05.11.2019 was justified in arriving at that conclusion.
(3.) Mr.Kabilan has cited several decisions, but we find none of them to be applicable as those decisions were in respect of the binding nature of precedents having not been noticed in other cases where the per incuriam rule was attracted. In the instant case, it is a decision inter-parties and therefore, the appellant is bound by the said decision and therefore, it is not open to him to raise this plea on per incuriam or otherwise.;