2009 Supreme(SC) 44

2009(1) Supreme 677
SUPREME COURT OF INDIA
S.B. Sinha and Dr. Mukundakam Sharma, JJ.
Harbans Singh & Ors. — Appellants
versus
Sant Hari Singh & Ors. — Respondents
Civil Appeal No. 100 of 2009
(Arising out of SLP (C) No. 10808 of 2006)
Decided on : 13-01-2009

Headnote:Code of Civil Procedure, 1908 – Section 11 – Principle of resjudicata – Applicability of – Dispute between parties regarding management of Gurudwara Sant Bela Sahib Patshahi Naumin – Suit for permanent injunction by respondent claiming that he was the Mohtmim of the said Gurudwara and he was in possession, control and management and enjoyment of said Gurudwara – The Managing Committee of said Gurudwara also filed Suit for declaration that Managing Committee was in management and control of the said Gurudwara and was entitled to manage and control the same – Grant of decree of permanent injunction restraining the Managing Committee from interfering with the possession, management and control of respondent over the land of the said Gurudwara — Appeals thereagainst – Dismissed – Second Appeal – Dismissed – Appellants case that principles of res judicata was not applicable in the instant case as in suit filed by Managing Committee appellant was not a party – Appellant did not claim any right, title and interest in his individual capacity – He was the Vice-President of the Managing Committee – Thus, for all intent and purport, he was also a plaintiff in Civil Suit No. 367-T/1996- Indisputably, the Managing Committee did not file any Second Appeal against judgment and decree passed against it – The said judgment and decree, therefore, attained finality – Both the suits, were consolidated and were heard together – The disputes between parties to both the suits were common – The issues raised therein also were common –The Managing Committee filed a suit for declaration that it was in management and control of the said Gurudwara Sahib and was entitled thereto as also a declaration that the respondent was not a Mohtmim of said Gurudwara and, thus, not entitled to manage its affairs – As the said decree had attained finality, it was binding on the appellants also – The principle of res judicata, has rightly been applied by the High Court – Appeal dismissed. (Paras 12, 13, 16)

       Facts of the Case :

        Issue in consideration in present case was regarding applicability of principle of resjudicata. Dispute between parties was regarding management of Gurudwara Sant Bela Sahib Patshahi Naumin.Suit for permanent injunction was filed by respondent claiming that he was the Mohtmim of the said Gurudwara and he was in possession, control and management and enjoyment of said Gurudwara.The Managing Committee of said Gurudwara also filed Suit for declaration that Managing Committee was in management and control of the said Gurudwara and was entitled to manage and control the same.Grant of decree of permanent injunction restraining the Managing Committee from interfering with the possession, management and control of respondent over the land of the said Gurudwara. Appeals thereagainst were Dismissed. Appellants case that principles of res judicata was not applicable in the instant case as in suit filed by Managing Committee appellant was not a party.

       Findings of the Court :

        Appellant did not claim any right, title and interest in his individual capacity. He was the Vice-President of the Managing Committee. Thus, for all intent and purport, he was also a plaintiff in Civil Suit No. 367-T/1996. Indisputably, the Managing Committee did not file any Second Appeal against judgment and decree passed against it. The said judgment and decree, therefore, attained finality. Both the suits, were consolidated and were heard together. The disputes between parties to both the suits were common. The issues raised therein also were common.The Managing Committee filed a suit for declaration that it was in management and control of the said Gurudwara Sahib and was entitled thereto as also a declaration that the respondent was not a Mohtmim of said Gurudwara and, thus, not entitled to manage its affairs.As the said decree had attained finality, it was binding on the appellants also. Held principle of res judicata, was rightly applied by High Court.

       Result : Appeal dismissed.