NDLI: State of Andhra Pradesh & Ors. Vs. B. Ranga Reddy (d) By Lrs & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Words & expressions “Decree” “Judgment CPC Or.XLI ss.11 r.22 r.33 96 and Or. XLI
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Civil Procedure, 1908 (5 of 1908)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Civil Procedure, 1908 – ss.11, 96 and Or. XLI, r.22, Or.XLI, r.33 – Three separate suits were filed against the defendants including the State – First and second suit were in respect of land falling in Survey No.9 of 2013 of Khairatabad Village – Third suit was in respect of land falling in Survey Nos.49 and 50 in Rasoolpura Village – State contested on the ground that the land in all the three suits fell in Survey No.43 of Village Bholakpur, which is a Government Shikkam Talab – All the suits tried together – First two suits dismissed, however, the third suit was decreed against the State – State filed appeal against the decree in the third suit, which was objected on the ground that the findings recorded on Issue No.1 in the first and second suit have to be treated as decree and would operate as res judicata – High Court inter alia held that without filing cross-objections, the Govt. cannot challenge the findings of the trial court – On appeal, held: Present is a case where the decree is of dismissal of suit therefore, entirely in favour of the State and not executable – Decree of dismissal of the first and second suit has not attained finality and are under challenge by the plaintiffs and the defendants-State are entitled to dispute findings on Issue No.1 – All the issues are open for consideration before the First Appellate Court including the findings of fact on Issue No.1 – Defendants have right to dispute such findings by filing cross-objections u/Or. XLI, r. 22, as amended in the year 1976 or even in the exercise of the powers conferred on the Appellate Court u/Or. XLI, r. 33 – Further, s.11 and Explanation I would be applicable in subsequent proceedings between the same parties or between the parties under whom they or any of them claimed under the same title – But the findings in the first and second suit will not operate as res judicata as such findings are subject matter of challenge in the appeals filed by the plaintiffs in their respective suits – High Court failed to draw the distinction between the decree and a finding on an issue – It is the decree against which an appeal lies in terms of s.96 – DefendantsState could not file appeal against a decree which was of dismissal of suit simpliciter – Order of the High Court set aside. Words & expressions – “Decree”, “Judgment” – Meaning of – Discussed – Code of Civil Procedure, 1908 – ss.2(2), 2(9). Suits – Consolidation of – Plea of the respondents drawing distinction between an order of consolidation of suits and the order where common judgment is rendered in different suits – Held: Not tenable in law.
Judge	Hon'ble Mr. Justice Hemant Gupta
Neutral Citation	2019 INSC 886
Petitioner	State Of Andhra Pradesh & Ors.
Respondent	B. Ranga Reddy (d) By Lrs & Ors.
SCR	[2019] 10 S.C.R. 143
Judgement Date	2019-08-09
Case Number	17486

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State of Andhra Pradesh & Ors. Vs. B. Ranga Reddy (d) By Lrs & Ors.

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