Back
S. SOUNTHAR
Chidambaram – Appellant
Versus
Kannan (Died) – Respondent
JUDGMENT :
PRAYER: Second Appeal filed under Section 100 of C.P.C., against the judgment and decree passed in A.S.No.59 of 2006 dated 26.11.2008 on the file of the Sub-Court, Kovilpatti reversing the judgment and decree passed in O.S.No.208 of 2003 dated 24.04.2006 on the file of the District Munsif Court, Kovilpatti.
The defendants 1, 2, 4, 5 and the legal heirs of the third defendant are the appellants. The respondent herein filed a suit seeking declaration of title and recovery of possession in respect of the encroached portion of the suit property. The plaintiff also sought for injunction in respect of the remaining portions. The defendants filed counter claim seeking declaration that suit items 1, 2, 3 (4 and 6) and 5 belonged to the defendants 3, 4, 2, 1 and 5 respectively and for consequential injunction. The suit was dismissed by the trial Court and the counter claim preferred by the defendants was decreed as prayed for. Aggrieved by the same, the plaintiff preferred an appeal before the first appellate Court and the first appellate Court allowed the appeal and granted decree for recovery of possession. Aggrieved by the same, the defendants have come by way of this Second App
The court established that a unified decree involving both a suit and counter claim can be appealed as a single entity, and failure to raise res judicata at the appropriate stage results in waiver of....
A party must file a composite appeal against both the suit and counterclaim decrees; failure to do so results in res-judicata barring the appeal.
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.
A single appeal can challenge both the decree of a suit and a counter-claim without requiring separate appeals if filed correctly with appropriate court fees.
The main legal point established in the judgment is the application of res judicata in the context of related suits and the impact of failing to challenge a judgment and decree in a related suit.
The dismissal of a suit based on a false cause of action and limitation, and the Defendants' settled possession of the property.
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
