The answer to your question will generally depend on the nature and facts of the case.
Generally speaking, if a case has been decided by the Supreme Court on the basis of the individual facts of the case concerned (and not on the basis of deciding a legal question), then the judgment in that case may not generally be applicable to the other case where the facts are different.
However, if a legal question has been decided by the Supreme Court and if the same legal question is applicable to your case too, then the judgment of the Supreme Court would be applicable in your case. So, in that situation, you may not have to file a separate SLP in the Supreme Court. But, here too, sometimes, the concerned authorities may not implement the SC judgment (delivered in another case) in your case and may expect you to obtain a separate judgment in your case. This may happen even though it may be a similar matter. In such situation, you may have to file a separate SLP and try to get a similar judgment, by pleading that your case is covered by that previous judgment of the SC in your friend’s case mentioned by you.
It is also relevant to mention that if both of you had won your cases in the high court with similar legal question and similar facts, and the opposite side challenges that in the Supreme Court in your friend’s case, and the SLP in the SC is decided in favour of your friend (i.e., against the common opposite side), in that situation, the Supreme Court judgment should be made applicable to your case too.
But, from your question, it appears that it is your friend who filed the SLP, so it appears that the high court decision was against you. If this is the real situation, then the chances of the SC judgment in your friend’s case being made applicable to your case would be less, and you may have to file a separate SLP. I am saying this in a general manner and it depends on the facts of the case.
So, what I would suggest to you would be to ask the opposite party to apply the Supreme Court judgment in your friend’s SLP to your case too. If the opposite party does not agree to do so, then you may file your own SLP to get a similar order.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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