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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
BIPIN GUPTA
Leeladhar S/o Kaluram – Appellant
Versus
Moolchand Jain S/o Unknown – Respondent
JUDGMENT :
BIPIN GUPTA, J.
1. The present writ petition has been filed assailing the order dated 15.11.2017, passed by learned Additional Civil Judge-cum- Metropolitan Magistrate, No. 3, Jaipur Metropolitan, Jaipur, in Civil Original Suit No. 782/2013, whereby, an application preferred by the defendants-respondents under Order 14 Rule 2 (2) CPC was partly allowed to the extent of issue pertaining to a disputed wall, being barred by principle of res-judicata.
2. The controversy in a narrow compass is that the plaintiff- petitioner had filed a suit for Perpetual and Mandatory Injunction against the defendants-respondents on account of the fact that the defendants have illegally raised a wall over the common boundary wall and intended to construct a cellar near to the said common boundary wall.
2.1 Controverting the same, a detailed written statement and counter-claim was filed by the defendants-respondents. Thereafter, a rejoinder was also filed by the plaintiff-petitioner. Subsequently, the issues were framed therein vide order dated 10.11.2009 and additional issues were framed vide order dated 31.03.2015.
3. During the stage of plaintiff’s evidence, the defendants- respondents filed an
(1) CPC confers no jurisdiction upon Court to try a suit on mixed issues of law and fact as a preliminary issue and where decision on issue depends upon question of fact, it cannot be tried as a prel....
The main legal point established in the judgment is the application of res-judicata under CPC Section 11, where the courts found that the present suit was barred due to the matter being directly and ....
The principle of res judicata bars litigation on matters already adjudicated, and can be decided as a preliminary issue when sufficient materials exist.
The court ruled that an order concerning res-judicata cannot be challenged after significant delay, emphasizing the principles of estoppel by conduct and the need to maintain judicial efficiency.
A court must examine pleadings from both current and previous suits to determine if resjudicata applies, ensuring all relevant issues are considered.
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.
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