Whether the court can give judgment on the basis of judgment in another case which is not conclusive between the parties?

[Educator]

Suffice to say that the High Court, if intended to rely upon the aforesaid judgment of the Division Bench passed in RFA No. 355/92, was bound to formulate an appropriate substantial question of law in terms of Sub-section (5) of Section 100 Code of Civil Procedure. It failed to do so. It has not been disputed before us and even otherwise it is apparent from the record that the High Court in