Back
ALKA SARIN
Lakhmir Singh (since Deceased) Through Lrs – Appellant
Versus
Kuldeep Singh (since Deceased) Through Lrs – Respondent
JUDGMENT
Alka Sarin, J. (Oral) - The challenge in the present appeal is to the order dated 26.05.2022 passed by the lower Appellate Court whereby the matter has been remanded to the Trial Court for deciding afresh on the question of maintainability.
2. The brief facts relevant to the present lis are that the plaintiffrespondent No.1 filed a suit for declaration to the effect that he (plaintiffrespondent No.1) and defendant Nos.11 to 13 (respondent Nos.8 to 10 herein) are joint owners in possession to the extent of 1/3rd share in the suit land fully described in the head-note of the plaint. It was averred in the plaint that the plaintiff-respondent No.1 is the son of late Harchand Singh son of Amar Singh and defendant Nos.11 to 13 (respondent Nos.8 to 10 herein) are the widow and daughters of the brother of the plaintiff. The defendant-appellants herein filed their written statement raising the preliminary objection that the suit itself was not maintainable being barred by the principles of res judicata and under Order 2 Rule 2 of the Code of Civil Procedure, 1908 (CPC) amongst others. It is pertinent to note that earlier an application under Order 7 Rule 11 CPC was filed by the defen
The court emphasized the mandatory nature of Order 9 Rule 8 CPC, which prohibits the Trial Court from deciding a suit on merits in the absence of the plaintiff.
An appeal cannot be dismissed on merits when the appellant remains absent, as per Order 41 Rule 17(1) of C.P.C.
Where the plaintiff withdraws from a suit or part of a claim without the permission referred to in sub-rule (3), he shall be precluded from instituting any fresh suit in respect of such subject matte....
(1) Remand of matter – Order of remand has to be followed in its true spirit – Direction to trial Court for recording evidence and submitting it along with report will not efface evidence already on ....
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 remand order by an appellate court does not constitute a decree, and an appeal against such an order is not maintainable unless it raises a substantial question of law.
Suit – Exparte judgment and Decree – Maintainability Appeal - When an application under Order 9 Rule 13 of the CPC is dismissed, the defendant can only avail a remedy available there against, namely,....
The court held that an appellate court should not make observations on merits if the appeal is deemed non-maintainable, to avoid influencing subsequent legal proceedings.
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
