Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Civil Procedure, 1908 - s.11 - Res-judicata - Applicability of - Consolidated suits with common dispute - c Order passed in one of the suits not challenged in appeal - Permissibility to challenge the order passed in the other suit - Held : Such challenge is barred by res-judicata as the order in the other suit having not been challenged attained finality.Pursuant to a dispute between Management Committee and Mohtmim of a Gurudwara, over the management rights of the Gurudwara, Management Committee as well as respondent-Mohtmim filed separate suits. Appellant No.1 was the Vice - President of the Managing Committee. Both the suits were heard together. Trial Court decided both the suits in favour of respondent-Mohtmim. Management Committee filed appeals against order in both the suits. Appellants and the Managing Committee preferred by separate appeals against the order passed in suit filed by the respondent-Mohtmim. They did not prefer appeal against the order passed in the suit filed by Managing Committee. First Appellate Court affirmed the decree. Appellants filed second appeal against the order passed by First Appellate Court. High Court dismissed the appeal holding that since the findings recorded in other suit attained finality having not been challenged in first appeal, appellants were barred to challenge the propriety of the orders of the Courts below.In appeal to this Court, appellants contended that principles of res - judicata was not applicable in the present case as in the suit filed by the Managing Committee the appellant was not a party. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 28 |
Petitioner | Harbans Singh & Ors. |
Respondent | Sant Hari Singh & Ors. |
SCR | [2009] 1 S.C.R. 250 |
Judgement Date | 2009-01-13 |
Case Number | 100 |
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