Back
BIREN VAISHNAV, NISHA M. THAKORE
Dahyabhai Mavabhai Ahir – Appellant
Versus
Abbasbhai Mohsinbhai Hajuri – Respondent
ORDER :
(PER : HONOURABLE MS. JUSTICE NISHA M. THAKORE)
1.0. This is an appeal filed by the original plaintiffs under Section 96 of the Code of Civil Procedure, 1908, challenging the impugned judgment and order dated 25.09.2018 passed below Exh.1 by the learned 6th Additional Senior Judge, Surat in Special Civil Suit No.488 of 2010. By the said judgment and order, the learned Judge has dismissed the suit as being clearly barred by law in view of provision of Order 23 Rule 3 A r/w Section 11 of the Code.
2.0. In nutshell, the case of the original plaintiffs as pleaded in the plaint is reproduced herein under:
2.1. The dispute pertains to the land bearing revenue survey no.189 paiki admeasuring 5463 sq mtrs which is now reduced to city survey no.1091 in Town Planning Scheme No,6 (Majura- Katodara), original plot no.58-A which is given Final Plot No.140 (728 sq mtrs) and Plot No.141 (500 sq mtrs) (hereinafter referred to as the “suit land”).
2.2. One Nathubhai Laxmidas Aahir was the original owner of the suit land who expired on 15.09.1932 leaving behind his legal heirs and representatives which include his widow Vahliben Nathubhai and daughter Bhikhi Nathubhai. Their names were mutated in
The court established that a consent decree bars subsequent suits on the same matter, reinforcing the principles of res judicata and the limitations on challenging such decrees under the CPC.
The principle of res judicata bars re-litigation of matters already decided, confirming that the earlier judgment is binding and the current suit is not maintainable.
The principle of res judicata applies where previous judgments on the same issue bind parties, regardless of claims involving part of the land. Judicial findings must reflect conscious application to....
The main legal point established in the judgment is the application of res judicata and limitation in determining the admissibility of the suit. The court emphasized the importance of adjudicated iss....
Valid sale deeds can only be challenged through competent court orders; transactions executed in violation of interim injunctions are treated as void.
The doctrine of res judicata between co-defendants must be applied with care and caution, and the findings in a previous suit can operate as res judicata between co-defendants if certain conditions a....
It is settled law that while considering application filed under Order 7, Rule 11(d) of C.P.C., defence is immaterial and Court has to only look into averments of plaint and application cannot be dec....
(1) Res Judicata – Best method to decide question of res judicata is first to determine case of parties as they are put forward in their respective pleadings of their previous suits, and then to find....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
