ANUSAYABAI Vs. UNION OF INDIA

JUDGEMENT

(1.) SEE , where our procedural legal system has landed the appellants.

(2.) THE story-patheitc as it is shorn of minor details can be told thus:

(3.) MISS Patil, learned Counsel for the appellants, contended, in the first place, that having regard to the above undisputed basic background, the patently illegal order dated 25th October, 1978, pertaining purely to jurisdiction cannot operate as res judicata specially when the defendants simultaneously blew hot and cold by taking contrary stands and making the poor, illeterate an helpless appellants remediless. It is next contended that in case it is necessary to do so, there should not be any hitch, even in setting aside in this appeal the order dated 25th October, 1978, which no one is in a position to support. It seems to us that the appellants are right and way has to be found to open the door of a forum to adjudicate upon their claim, since what has happened shocks the judicial conscience.