Decisions of a court in the realm of its "substantive" jurisdiction distinct from "adjectival" involve declaration of law constituting be a "stare decisis" and therefore, the Question is:whether it could be decided without notice to the Attorney General /Advocate General and those arraigned as respondents to the cause
The Civil court can decide itself own jurisdiction and confer jurisdiction upon it even by an erroneous one constituting "res judicata estoppel" while the position is different in the case of Tribunals of limited jurisdiction
civil court cannot decide a question as
to its substative jurisdiction without battle lines are drawn and swords are crossed, nay, without are contest
And Tribunals of Limited jurisdiction cannot at all decide a question as to its own jurisdiction in the substantive realm and the parties ought to be directed to invoke article 228 of the constitution or Chapter XXVII (A )of the CPC .
Decisions of a court in the realm of its "substantive" jurisdiction distinct from "adjectival" involve declaration of law constituting be a "stare decisis" and therefore, the Question is:whether it could be decided without notice to the Attorney General /Advocate General and those arraigned as respondents to the cause
The Civil court can decide itself own jurisdiction and confer jurisdiction upon it even by an erroneous one constituting "res judicata estoppel" while the position is different in the case of Tribunals of limited jurisdiction
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