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DWARKA DHISH BANSAL
Usha Rai, W/o. Shri Kamal Singh Rai – Appellant
Versus
Sanskrit Pathsala Samiti, Pipariya – Respondent
| Table of Content |
|---|
| 1. claim and background of property dispute (Para 1 , 2 , 3 , 4) |
| 2. contendability of dismissal based on res judicata (Para 8 , 9) |
| 3. improper handling of evidence and issues by trial court (Para 11 , 12 , 17) |
| 4. judgment regarding remanding back for proper trial (Para 18 , 19) |
| 5. final orders for the appeal resolution (Para 20 , 21 , 22 , 23 , 24) |
JUDGMENT :
Dwarka Dhish Bansal, J.
This second appeal has been preferred by appellants/plaintiffs challenging the judgment and decree dated 29-1-2000 passed by Additional District Judge, Sohagpur in Civil Appeal No. 17-A/1993, affirming the final order dated 27-7-1993 passed by Civil Judge Class-II, Pipariya in Civil Suit No. 4-A/1989, whereby dismissing the suit as barred by res judicata.
2. Facts in short are that the appellants/plaintiffs had instituted a suit for declaration of title and permanent injunction with the allegations that the plaintiff 1 is owner of plot No. 15 admeasuring 1740 sq.ft. of Khasra No. 2/1 situated in Pipariya, which was purchased by her from Rameshchandra vide registered sale deed dated 1-4-1980. It is also alleged that respondent had filed a civil suit No. 38-A/80 for possession of land 0.04 acre, w
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.
The main legal point established in the judgment is the application of res judicata and limitation in determining the admissibility of the suit. The court emphasized the importance of adjudicated iss....
The principle of res judicata bars litigation on matters already adjudicated, and can be decided as a preliminary issue when sufficient materials exist.
The principles of res judicata bar a second suit when the cause of action is the same and a previous suit has been adjudicated.
(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....
The main legal point established in the judgment is the application of res judicata in a suit for declaration, possession, and injunction, and the binding nature of a finding on an issue relating to ....
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