Trial courts must adjudicate all issues in a suit, and failure to do so violates procedural requirements under CPC, necessitating remand.

JUDGMENT :

Ashok Kumar Jain, J.

1. Instant First Appeal is preferred aggrieved from judgment and decree dated 15.04.2015 in Civil Suit No.5/2012 (101/2008)(81/2008), whereby learned Addl. District Judge No.2, Jhunjhunu, has dismissed the Civil Suit for declaration and permanent injunction filed by appellant-plaintiff.

2. In this matter, Hon'ble Supreme Court while disposing of SLP (Civil) Diary No.46786/2023 on 13.12.2023, has observed that the matter should be listed before appropriate Bench for disposal.

3. Having considered the directions of Hon'ble Supreme Court, we are disposing of the instant First Appeal.

4. Learned Senior Advocate for appellant relying upon judgments in the case of V. Rajeshwari v. T.C. Saravanabava : 2004 (1) SCC 551; Canara Bank v. N.G. Subbaraya Setty & Anr. :(2018) 16 SCC 228; Shakuntla Devi v. Kamla & Ors.: (2005) 5 SCC 390; Gurucharansingh and Ors. v. Mst. Gurdayal Kaur And Ors.: AIR 1982 (Raj.) 91; Gurbux Singh v. Bhooralal : AIR 1964 SC 1810 and Smt. Kaushalya Devi vs. State of Rajasthan : RLW 1989(2) 380, would submitted that the learned Trial Court without recording findings on issue Nos. 1, 2, 3, 5, 6 and 7 has dismissed the Civil suit only on the basis of issue No.12 and same is against the provisions of law. He further submitted that there are basic principles to attract Section 11 of CPC, but the Trial Court has failed to consider the aforesaid. He specifically referred the fact that the Trial Court was required to consider that the issue raised in the instant suit was directly and substantially in issue in the former suit, but herein, the Trial Court neither opined that the issue in the previous suit was same as raised by the appellant-plaintiff in this suit, therefore, subsequent suit is hit by Section 11 of CPC. He also submitted that the defendants had failed to place on record the pleadings of the previous proceedings, claimed by the defendants as concluded judgment on present land.

5. He further submitted that in absence of pleadings of previously decided matters, the Trial Court cannot decide issue No.12 against the appellant-plaintiff. He also submitted that it was the duty of the Trial Court to decide all issues in accordance with provisions under Order XIV of CPC. He also raised the procedural lapse by the Trial Court and submitted that any issue, if the same is a legal issue, then it has to be decided as a first issue without resorting to full-fledged trial, but the Trial Court has not considered the provisions of CPC before throwing out the Civil Suit of the appellant. He also referred the judgments relied upon by the defendants and submitted that till the declaration of Khatedari right in Appeal by the Revenue Appellate Court, present appellant-plaintiff herein was not a party. He also submitted that any challenge in subsequent proceedings, cannot be considered as a proper proceeding to attract Section 11 CPC. He also submitted that the Trial Court has not only overstepped the judicial discipline, but it has decided the case in the most cursory and cryptic manner. At last, he submitted that the findings on other issues are not available on record, to decide the matter finally.

6. Aforesaid contentions were opposed by learned counsel for the respondents-defendants on the ground that the appellant-plaintiff has no right to institute a suit against the defendants and the Trial Court after considering the documents, which includes litigation from 19.03.1984 to 23.07.2008 relating to the disputed property has rightly decided issue No.12 in favour of defendants. He further submitted that the Trial Court has not erred while dismissing the suit only on the ground of res judicata and it has not committed any error while deciding the issue No.12 as first legal issue. He relied upon judgment in the case of Sathyanath and Anr. v. Sarojamani : (2022) 7 SCC 644; Sulochana Amma v. Narayanan Nair : (1994) 2 SCC 14; Gulabchand v. State of Gujarat : AIR 1965 SC 1153; Dadu Dayalu Mahasabha, Jaipur (Tr