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IN THE HIGH COURT OF TRIPURA, AGARTALA
S. TALAPATRA, J.
Shri Ajoy Kumar Das - Appellant
Vs.
Shri Chanchal Kumar Das - Respondents
RSA 26 of 2016
Decided On : 28-06-2016
Res Judicata - Civil Procedure Code - Section 47, Section 11 - Summary of Acts and Sections: Section 47 of the CPC, Section 11 of the CPC - The court discussed the application of res judicata under Section 11 of the CPC and its impact on subsequent suits. The court highlighted the principle of res judicata and its interpretation under Explanation VIII of Section 11, emphasizing that issues finally decided by a court of limited jurisdiction shall operate as res judicata in a subsequent suit.
Fact of the Case:
The appellant filed an objection under Section 47 of the CPC in an execution proceeding, claiming that the decree cannot be executed for not impleading a proforma-defendant. Subsequently, the appellant filed a fresh suit on the same ground of fraud for setting aside the decree. The trial court framed several issues, including whether the suit was barred by the law of limitation and Section 11 of the CPC.
Finding of the Court:
The trial court found that the suit was barred by res judicata under Section 11 of the CPC, as the appellant had contested the previous suit without raising the question of fraud. The first appellate court affirmed this finding, stating that the issue of fraud had already been decided in a previous execution proceeding and had attained finality.
Issues: The main issue was whether the plea taken in objection in an execution proceeding can be applied in a subsequent suit as res judicata.
Ratio Decidendi: The court held that issues finally decided by a court of limited jurisdiction under Section 47 of the CPC shall operate as res judicata in a subsequent suit, as explained in Explanation VIII of Section 11. The court emphasized that the doctrine of res judicata aims to give finality to judicial decisions and prevent the re-agitation of matters already adjudicated.
Final Decision: The court dismissed the appeal, upholding the finding that the suit was barred by res judicata under Section 11 of the CPC.
Heard Mr. G.K. Nama, learned counsel appearing for the appellant.
2. This is an appeal under Section 100 of CPC questioning the legality of the judgment dated 14.12.2015 delivered in Title Appeal No.06 of 2015 by the District Judge, Unakoti Judicial District on affirming the judgment dated 30.03.2015 delivered in Title Suit No.09 of 2014 passed by the Civil Judge (Senior Division), Kailashahar, Unakoti Judicial District.
3. Earlier, the suit being Title Suit No.08 of 2011 was instituted for declaration of exclusive right, title and interest over the suit land measuring 0.10 acre as described in the schedule of the plaint and for recovery of the said land evicting the defendants. The suit was decreed and thereafter the decree was put in the execution. In the execution proceeding, the appellant filed an objection under Section 47 of the CPC raising the plea that the decree cannot be executed for not impleading the proforma-defendant No.4 of the suit being Title Suit No.09 of 2014. The executing court having the competence to adjudicate the said issue, in view of Section 47 of the CPC which clearly provides that all questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree and not in a separate suit. It further provides that where a question arises as to whether any person is or RSA No.26 of 2016 not the representative of a party, such question shall, for the purpose of this section, be determined by the Court.
4. It is not in dispute even by the appellant that their prayer to set aside the execution proceeding on the ground of fraud for not impleading the said proforma respondent has been dismissed by an elaborate order. Thereafter, the appellant filed a fresh suit being Title Suit No.09 of 2014 on the same ground of fraud for setting aside the decree passed in Title Suit No.08 of 2011. In the process of adjudicating the suit, the trial court, the court of the Civil Judge, Senior Division, Unakoti Judicial District, Kailashahar framed several issues including the following issue:
“Whether the suit is barred by law of limitation as well as under Section 11 of the CPC.”
5. While appreciating the said issue on the basis of the evidence, the trial court returned the following finding:
“Now the question is whether the suit is barred by the principle of res-judicata u/s 11 of the Code. Learned advocate Mr. S.P. Datta Purkayastha appearing for the principal defendants strongly argued that the suit is barred by res-judicata and constructive res-judicata u/s 11 CPC as the plaintiff duly contested the suit vide No. TS 08/2011 and there is not even whisper in his written statement about the alleged fact of fraud. The suit was decreed on contest after full fledged trial. So, he cannot be allowed to take advantage of any wrong of his own acts. Subsequently the plaintiff preferred a petition u/s 47 CPC in connected Ex.01(M) of 2012 which was registered as Civil Misc.46/2012. After full fledged hearing the petition was rejected being devoid of merit vide order dt. 10.12.2012. Defendants Exhibited the certified copy of objection u/s 47 CPC filed by the present plaintiff in Ex. 01(M)/2012(Exhibit. G series). That document i.e. Exhibit. G series categorically show that plaintiff Ajoy Kr. Das raised the said fact in execution proceeding for the first time that Chandan Kr. Das died on 03.08.2001 leaving behind his only daughter Smt Susmita Das(minor) and his wife Ashita Deb(Das) pre-deceased him. Defendants also exhibited certified copy of the order dt. 10.12.2012(Exhibit. H series) passed in Civil Misc. 46/2012 by this court. That order clearly speaks that this court has already decided the issue by holding that the application of judgment debtor i.e. the present plaintiff is barred by constructive res-judicata. Accordingly the petition being found devoid of merit
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