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2022 Supreme(SC) 415

HEMANT GUPTA, V. RAMASUBRAMANIAN
Sathyanath – Appellant
Versus
Sarojamani – Respondent


Advocates appeared:
For the Appellant :S. Nagamuthu, M.P. Parthiban, A.S. Vairawan, R. Sudhakaran, Shailni Mishra, T. Hari Hara Sudhan, Vikash G.R., Advocates
For the Respondent:V. Balachandran, Siddharth Naidu, M/S. Ksn & Co., Advocates

JUDGMENT

Hemant Gupta, J.

The challenge in the present appeal is to an order dated 3.9.2021 whereby in the revision petition filed by the defendant under Article 227 of the Constitution of India, the trial court was directed to frame preliminary issue as to whether the suit is barred by res judicata.

2. The plaintiffs-appellants filed O.S. No. 95 of 2016 against the respondent, their paternal aunt. The appellants claimed a declaration for declaring the appellants as absolute owners of the suit property, judgment and decree in O.S. No. 65 of 2003 as null and void, and, for permanent injunction restraining the defendant and their agents in disturbing the peaceful possession and enjoyment of the suit property by the appellants in any manner. Initially, the defendant filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908[For short, the 'Code'] for rejection of the plaint but the same was dismissed by the trial court on 20.6.2017. It is thereafter, the defendant filed an application to frame issues under Order XIV Rule 2(2) of the Code to treat the following as the preliminary issues:

    "1. Whether the suit is not hit by resjudicata and estoppel as claimed by the d


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Judicial Analysis

None of the cases in the provided list explicitly indicate that they have been overruled, reversed, or otherwise treated as bad law based solely on the language provided. The references mostly cite the original decisions or highlight their importance without noting subsequent negative treatment. Therefore, there is no clear evidence within this list to categorize any case as bad law.

1. :

Several cases repeatedly cite "Sathyanath v. Sarojamani, AIR 2022 SC 2242" and "Sathyanath and others vs. Sarojamani, (2022) 7 SCC 644" as authoritative or relevant authority, indicating these decisions are considered binding or persuasive in subsequent rulings.

For example, cases like <02500113424>, <01800035234>, <01800033991>, <01700066978>, <00200058627>, <01400036209>, <00100081848>, <00100036626>, <00100007357>, <00100074186>, <00100039079>, <00100066719>, <00100007491>, <00100074292> all reference the 2022 SCC decision with approval, suggesting these are treated as good law and are followed or relied upon.

The repeated reliance on the 2022 SCC case indicates it is a leading precedent on the issues of preliminary issues, res judicata, and jurisdiction, and is treated as authoritative.

2. :

Several cases discuss procedural issues, such as the scope of Order 14 Rule 2 CPC, the discretion of courts to try issues preliminarily, and the principles governing res judicata and jurisdiction.

For example, <01400035408> and <00400003606> clarify that Order 14 Rule 2 CPC, as amended, does not impose mandatory preliminary decision on jurisdiction or legal bar, indicating these are considered settled principles and are followed.

Cases like <00100051246> and <00800004591> emphasize the court’s discretion and procedural flexibility, reflecting accepted legal principles.

3. :

Some references, such as <04300002116>, <02700048949>, and <02500118241>, primarily cite the case without indicating how it was treated subsequently.

The case <01300038883> references judgments and paragraph numbers but does not specify treatment, making it uncertain whether the case was overruled or followed.

The case <00300054614> mentions "res judicata" but does not specify whether it was overruled or criticized.

4. :

Many entries are citations or references to the case without context about subsequent judicial treatment, making it difficult to determine if they are still good law or have been overruled.

<04300002116>: No explicit treatment or subsequent reference; only a citation.

<02700048949>: Similar to above; no indication of treatment.

<02500118241>: Cites the case but no treatment context.

<01300038883>: References judgments but treatment is unclear.

<00300054614>: Mentions "res judicata" but treatment status unknown.

Other references that are primarily citations without treatment context are included here.

**Source :** Azmath Jahan VS M. Venkateshwarlu - Telangana Usha Rai, W/o. Shri Kamal Singh Rai VS Sanskrit Pathsala Samiti, Pipariya - Madhya Pradesh U. P. Sunni Central Waqf Board VS Ancient Idol Of Swayambhu Lord Vishweshwar - Allahabad A.V. VIMALKUMAR vs RAHMATH - Kerala Govind Singh Kanwar vs Ranjeet Singh - Himachal Pradesh Govind Singh Kanwar VS Ranjeet Singh - Himachal Pradesh Nagar Palika Mandal, Jhunjhunu (Municipal Board) through Commissioner VS Arjun Ram son of Balu Ram - Rajasthan Messers Binaguri Investments Pvt. Ltd. VS Goutam Roy - Calcutta Karumuri Venkata Laxmi Narasimham S/o Late Venkata Ramanadham VS Devatha Nagabhushanam S/o Kishan - Andhra Pradesh Pareshbhai Mahendrabhai Patel VS Bhanuprasad Bhikhubhai - Gujarat Suresh Rai vs Urmila Devi and Ors - Patna Suresh Rai, Son of Late Ram Surat Rai VS Urmila Devi, Wife of Suresh Rai - Patna Kaliram Regon VS Anima Taying W/o Late Talom Tayeying - Gauhati Kandregula Rama Babu VS Kondapalli Venkata Lakshmi - Andhra Pradesh Ajay Pratap Singh VS Board of Revenue U. P. at Allahabad - Allahabad Sadguru Engineers And Allied Services Pvt Ltd VS Union of India - Gauhati P. Bhoopal, S/o. Late Munipoovanna vs P. Govindappa, S/o. Late Munipoovanna - Karnataka SRI P. BHOOPAL S/O LATE MUNIPOOVANNA vs SRI. P. GOVINDAPPA S/O LATE MUNIPOOVANNA - Karnataka Chandra Shekhar Dubey vs State of Jharkhand - Jharkhand Akella Surya Kumari vs Nidavolu Thammiraju - Andhra Pradesh Vishnu Vardhan @ Vishnu Pradhan VS State of Uttar Pradesh - Supreme Court His Creation vs A. Ramamurthy, S/o Late Sri T.V. Annaswamy - Karnataka Vikrant Chemico Industries Pvt. Ltd. vs Shri Gopal Engineering and Chemical Works Pvt. Ltd. - Delhi Pankaj Aggarwal vs Meenakshi Dubey - Delhi K.I.MOHAMMED vs SAINABI - Kerala Kailash VS Nanhku - Supreme Court PRITHVI RAJ JHINGTA VS GOPAL SINGH - Himachal Pradesh A. Shanmugam VS Ariya Kshatriya Rajakula Vamsathu Madalaya Nandhavana Paripalanai Sangam - Supreme Court Dhirendranath Chandra VS Apurba Krishna Chandra - Patna Hardwari Lal VS Pohkar Mal - Punjab and Haryana SUNNI CENTRAL WAQF BOARD VS GOPAL SINGH VISHRAD - Allahabad Ramesh B. Desai VS Bipin Vadilal Mehta - Supreme Court Abdul Rahman VS Prasony Bai - Supreme Court SRIHARI HANUMANDAS TOTALA VS HEMANT VITHAL KAMAT - Supreme Court S. S. KHANNA VS F. J. Dillon - Supreme Court Sugandhi (dead) by Lrs. VS P. Rajkumar rep. By His Power Agent Imam Oli - Supreme Court S. Amarjit Singh Kalra (dead) by LRs. VS Pramod Gupta (dead) by LRs. - Supreme Court Jamia Masjid VS K. V. Rudrappa (Since Dead) By Lrs. - Supreme Court Aruna Kumari VS Ajay Kumar - Jammu and Kashmir Usha Sales Ltd. . VS Malcolm Gomes & others - Bombay

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