Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2017 (4) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (4) TMI 1506 - SC - Indian LawsPrinciples of Res-Judicata or constructive res-judicata - filing of LGC - mixed question of law and fact or not - Whether the High Court is justified in not quashing the proceedings in LGC No.44/2000, when the Special Court ex-facie lacks jurisdiction over the subject matter in the instant case in the light of principles of res- judicata? HELD THAT:- The doctrine of res judicata is a wholesome one which is applicable not merely to matters governed by the provisions of the Code of Civil Procedure but to all litigations - The question of res-judicata is not res integra to our judicial system. The rule of res judicata while founded on ancient precedent is dictated by a wisdom which is for all time and that the application of the rule by the Courts should be influenced by no technical considerations of form, but by matter of substance within the limits allowed by law. It may be true that the Court at initial stage may not enter into the merit of the matter. Its opinion in the nature of things would be a prima facie one. But the Court must also consider that the analogy of res-judicata or of the technical rules of civil procedure is, in cases like the present one, appropriate and the Courts are expected to administer the law so as to effectuate its underlying object. Court shall also bear in mind that the basic character of this principle is public policy and preventive as to give finality to the decision of the Court of competent jurisdiction and prevent further litigation. The matter in issue in the pending suit before the learned Special Court in LGC No.44/2000 and previous decided suits is not merely identical but very same. Other ingredients of the principle of res- judicata are also fulfilled. Moreover, once identity of the property and the title thereof is finally adjudicated in CCCA No.14/1972, holding that land is situated in Survey No.129/68 Paiki, it operates as res judicata. The inevitable conclusion is that both the Special Court and the High Court have committed error in not appreciating the fact that orders, judgments and decrees passed in previously decided land grabbing cases have attained finality, wherein it was reiterated many a times that the appellant society i.e. M/s. Kaushik Coop. Building Society is the owner of the suit property which is comprised of Survey No.129/68 and not in Survey No.129/51 or 129/52 (which has been re-numbered as 327) - the approach of the High Court in the impugned order seems to be erroneous. The question is answered in negative - the appeals filed by the appellant society are hereby allowed.
|