The main legal point established in the judgment is that a suit is not barred by res-judicata if the issue in question has not been decided by the relevant authorities.

( 1 ) THIS appeal, initially registered as revision petition, was filed by Baba rasaily against the decision of the learned Civil judge, East dated 4. 9. 1999 in Civil Suit No. 112 of 1996 whereby the suit brought by the plaintiff-appellant was dismissed on the ground that the suit is barred by res-judicata.

( 2 ) BABA Rasaily had executed a sale deed in favour of respondent No. 1, Kaushalya Devi. After the sale deed was registered, an objection was filed by baba Rasaily praying for cancellation of the sale deed. The Sub-Registrar, gangtok, dismissed the objections. The appellate authority dismissed the appeal. Thereafter, suit was brought by the appellant for cancellation of the sale deed and on one of the pleas taken by the respondents, an issue was framed to the effect whether the suit is barred by res-judicata. The learned trial Court held that the revenue authorities are also competent Court in view of Explanation viii of Section 11 of the Code of Civil Procedure and that the suit is barred by res-judicata. However, the learned Civil Judge missed the relevant point whether the issue that the sale deed is liable to be cancelled had, in fact, been decided by the revenue authorities. The Sub-Registrar had merely dismissed the petitioner and advised the parties to approach the appropriate forum for redressal of their grievances. This decision was not interfered with by the appellate authority. It is clear that issue as to the validity pf the sale deed was not decided by the revenue authorities. As such, there is no question of the suit being barred by res-judicata. The learned counsel for the appellant concedes to this position

( 3 ) IN view of our aforesaid finding and with the consent of the learned counself for the respondents, the appeal is allowed, the impugned decision is set aside and the matter is remitted to the learned Civil Judge, East for disposal according to law petition allowed.

--- *** ---

.