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G. K. ILANTHIRAIYAN
Pullaiyannan – Appellant
Versus
Kunjanna Gounder @ Kunji Gounder – Respondent
ORDER :
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and decretal order of the District Munsif Court at Mettur dated 01.12.2015 in IA.No.323 of 2012 in OS.No.123 of 2010.
This civil revision petition has been filed to set aside the fair and decretal order of the District Munsif Court at Mettur dated 01.12.2015 in IA.No.323 of 2012 in OS.No.123 of 2010, thereby allowed the petition to frame a preliminary issue with regard to maintainability and also applicability of the provisions of Sections 10 to 12 of CPC and to try the same as preliminary issue.
2. The petitioners are the plaintiffs and the respondents are the defendants. The petitioners filed suit for declaration and permanent injunction in respect of the suit properties. While pending the suit, the respondents filed application under Order XIV Rule 2 of CPC r/w Sections 10, 11 & 12 and 151 of CPC to frame a preliminary issue with regard to maintainability of the suit and also applicability of the provisions of Sections 10 to 12 of CPC and to try the same as preliminary issue and the same was allowed. Aggrieved by the same, the present civil revision petition has been f
(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....
Trial courts must adjudicate all issues in a suit, and failure to do so violates procedural requirements under CPC, necessitating remand.
The main legal point established is that the question of res judicata is a mixed question of law and facts, and cannot be tried as a preliminary issue. Evidence is crucial in deciding the applicabili....
The main legal point established in the judgment is the necessity to consider only the averments in the plaint while deciding whether a suit is barred by res judicata, as emphasized by the latest jud....
The principle of res judicata applies to subsequent applications in the same proceedings, barring re-litigation of previously decided issues.
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