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2021 Supreme(SC) 538

D. Y. CHANDRACHUD, VIKRAM NATH, HIMA KOHLI
Jamia Masjid – Appellant
Versus
K. V. Rudrappa (Since Dead) By Lrs. – Respondent


Advocates appeared:
For the Appellant(s) :V. Mohana, Gopal Singh, Abhishek Kaushik, R Kothwal, M.Yogesh Kanna, Raja Rajeshwaran. Advocates
For the Respondent(s):Basava Prabhu Patil, Balaji Srinivasan, Shanmukhappa, Shwetha Shanmukhappa, Prateek Yadav, Ashok Mathur, Kumar Mihir, Advocates

Judgement Key Points

Key Points: - The judgment discusses the ingredients and test for res judicata under Section 11 CPC, including when it can be decided as a preliminary issue and the necessity/essentiality tests (E.1; E.2; E.3) (!) (!) (!) (!) (!) (!) - It analyzes three prior suits (OS 92/1950-51, OS 748/1968, OS 100/1983) to determine applicability of res judicata to a subsequent suit OS 149/1998, focusing on whether title was conclusively decided and whether the issues are identical or substantially in issue (E.2; E.3; F.53) (!) (!) (!) (!) (!) (!) (!) - It emphasizes the representative nature of suits under Section 92 CPC and how explanations to Section 11 CPC affect res judicata, including binding all interested parties (E.2.1; E.2.2; p_15, p_33-p_35) (!) (!) (!) (!) - The court adopts a twin-test framework (necessity and essentiality) to decide if an issue was directly and substantially in issue and conclusively decided in earlier suits (p_172-p_175; p_180-p_183)

- The judgment holds that OS 149/1998 is not barred by res judicata due to lack of conclusive title determination in OS 92/1950-51 and due to changed circumstances after Wakf notification (MWB 19(11), 1965) (p_50; p_51; p_52; p_53) - It clarifies that a compromise decree may create estoppel by conduct but does not automatically bar subsequent suits on title, as compromise primarily concerned possession/lease rather than title (p_46-p_49) - It concludes that a suit under Section 92 CPC is representative and binds all interested parties, but the title issue must be adjudicated or deemed ancillary to the main relief, depending on entitlement to relief under Section 92 (p_163-p_166)

How to determine res judicata when multiple suits involve representative actors and changing circumstances?


JUDGMENT :

Dhananjaya Y. Chandrachud, J

Index

A.

The Facts

B.

Proceedings before the Courts

C.

Proceedings before the High Court

D.

Submissions of the Parties

E.

The Analysis

E.1

Res Judicata as a Preliminary issue

E.2

The Plea of Res Judicata and the three previous suits

E.2.1

Determination of title in a Representative suit

E.2.2

Representative Suit and Res judicata

E.2.3

Conclusive decision and Res Judicata

E.2.3.1

Similarity in issue and Res Judicata

E.2.4

Compromise decree and Res Judicata

F.

The Conclusion

1. A Single Judge of the High Court of Karnataka dismissed a second appeal filed under Section 100 of the Code of Civil Procedure 19081[“CPC”], affirming the decision of the Trial Court and the First Appellate Court that the suit instituted by the appellant-plaintiff is barred by the principle of res judicata. The appellant moved this court in a Special Leave Petition to challenge the decision of the Single judge. Leave has been granted on 8 December 2014.

A. The F

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