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PRANAY VERMA
Ramesh – Appellant
Versus
Sujan Bai (Dead) Through LRs Sagarmal – Respondent
ORDER
1. This appeal under section 100 of the CPC has been preferred by legal representatives of deceased defendant No.2 Mahila Sajjanbai against the judgment and decree dated 26.8.2022 passed in RCA No.2400018/2015 by the IInd District Judge, District - Ratlam arising out of the judgment and decree dated 10.2.2011 passed in Civil Suit No.147-A/2008 by the IVth Civil Judge, Class-I, District Ratlam.
2. The plaintiffs/respondents No.1 to 4 instituted an action against the defendants for declaration of their title to the suit lands and for possession. The defendants including defendant No.2 contested the plaintiff’s claim by filing their written statement. By judgment and decree dated 10.2.2011 the trial Court answered all the issues in favour of plaintiffs but upon recording a finding to the effect that the suit is barred by time, dismissed the same. The plaintiffs did not prefer any appeal against the judgment and decree passed by the trial Court. The legal representatives of deceased defendant No.2 however preferred an appeal under section 96 of the CPC before the lower appellate Court to challenge the findings recorded by the trial Court against defendant No.2. By the impugned judg
The main legal point established in the judgment is that an appeal can only be preferred against a decree and not against any adverse finding recorded by the Court below. Additionally, adverse findin....
(1) Appeal can be preferred only against a decree and not against any adverse finding recorded by Court below.(2) Res Judicata – Primary requirement of applicability of res-judicata is that issue rai....
The main legal point established in the judgment is that unless there is a decree, there cannot be any second appeal.
Any decree passed in favor of or against a dead person is a nullity.
Delay in filing appeal due to financial constraints of appellants, improper dismissal of condonation application warrants reconsideration and remanding the case.
The principle of res judicata does not apply when different issues are raised in separate appeals stemming from the same judgment, warranting a fresh hearing.
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