Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1908- s. 11 - Res Judicata - Essential elements that need to be satisfied before a plea of resjudicata can be raised by a party-Held: 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 — Essential elements that need to be satisfied before a plea of res judicata can be raised by a party— Held: The principle of res judicata has been codified u/s.11 of CPC — The principle - of res judicata is a need of any judicial system, that is, to give finality to the judicial decisions of the disputes between parties — It also aims to prevent multiplicity of proceedings between the same parties of the same subject matter of the lis — An issue which was directly and substantially involved in a former suit between the same parties, and has been decided and has attained finality cannot be re-agitated before the courts again by instituting suit or proceeding by the same parties on the same subject matter of earlier lis— For the bar of res judicata to operate in the subsequent original suit proceedings, the litigating parties must be the same, and the subject matter of the suit must also be identical — Further, for the bar of res judicata to operate in the subsequent original suit proceedings, the decision in the former suit must have been decided on merits on the same substantial questions both on facts and in law that would arise in the subsequent original suit — in the instant case, respondent no.1 had filed a suit in O.S. No. 255 of 1984, which was dismissed and thereafter, he filed a suit in O.S. No. 39 of 1993, after impleading certain other defendants therein and changing the description of the suit property — No doubt the Trial Court in the suit in O.S. No. 255 of 1984 filed by respondent no.1 framed certain issues and even examined the documents produced by the parties - However, neither the parties, nor the subject matter was the same in the earlier suit O.S. No. 255 of 1984 and O.S. No, 39 of 1993 — Since neither the reliefs claimed in the two suits were identical, nor the parties were the same and nor could the decision in the first suit said to have been on merits, it cannot be held in the singular facts and circumstances that the suit in O.S No. 39 of 1993 was barred by res judicata. s.80 — Notice under, if necessary when suit filed against a Municipality — Held: Municipal council is not a public officer, and no notice is necessary when a suit is filed against a municipality - The question of sufficiency of notice u/s.80 of CPC does not arise at all. Suit - Suit for declaration of title and possession — Held: In such a suit, the onus is upon the plaintiff to prove his title — Further, not only is the onus on the plaintiff, he must prove his title independently, and a decree in his favour cannot be awarded for the only reason that the defendant has not been able to prove his title. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2015 INSC 708 |
Petitioner | The City Municipal Council Bhalki, By Its Chief Officer |
Respondent | Gurappa (d) By Lrs. & Anr. |
SCR | [2015] 15 S.C.R. 480 |
Judgement Date | 2015-09-29 |
Case Number | 8044-8048 |
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