Explain the legal word Coram non-judice

Question: Explain the legal word Coram non-judice.

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Coram non-judice

Coram non-judice is a Latin term that in a literal sense implies “not before a judge“. Coram non-judice is a legal term typically used to indicate a legal proceeding that is outside the presence of a judge (or in the presence of a person who is not a judge), with an improper venue, or without jurisdiction.

A judgment which is Coram non-judice is non-est in the eye of law. The Supreme Court in the case of Chief Engineer, Hydel Project & Ors. v. Ravinder Nath & Ors. , AIR 2008 SC 1315 has held

that once an original decree has been held to be without jurisdiction and hit by the doctrine of Coram non-judice, 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.

The finding of a court or tribunal becomes irrelevant and unenforceable/inexecutable once the forum is found to have no jurisdiction. Similarly, if a court/tribunal inherently lacks jurisdiction, the acquiescence of a party should not equally be permitted to perpetrate and perpetuate defeating of the legislative animation.

The court cannot derive jurisdiction apart from the statute. A decree without jurisdiction is a nullity. It is a Coram non-judice; when a special statute gives a right and also provides for a forum for adjudication of rights, the remedy has to be sought only under the provisions of that Act and the common law court has no jurisdiction. The law does not permit any court/tribunal/authority/forum to usurp jurisdiction on any ground whatsoever in case such an authority does not have jurisdiction on the subject matter. [Jagmittar Sain Bhagat & Ors. v. Director, Health Services, Haryana & Ors. (2013)10 SCC]

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