Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Order XIV barred by Res Judicata 1908 Dismissal of suit Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908: ss. 2(2), 96, 115, Order XIV r. 1 and Order XLI--Dismissal of suit — Without framing of issues — On the ground that the suit was barred by Res Judicata and the lack of cause of action - High Court held that for dismissal of suit framing of issue is necessary whereas for rejection of plaint it is not — On appeal, held: The order of trial court though passed without framing of issues, conclusively determined the rights of the parties with regard to one of the matters in controversy i.e. Res Judicata--Hence, such order is a decree — The order cannot cease to be a decree on account of procedural irregularity of non-framing an issue — Order of trial court was a composite order on rejection of plaint (since there was no cause of action and dismissal of suit (since the same was not maintainable) — Both the aspects are covered by definition of decree --Thus, such order is appealable u/s. 98 r/w Or. XLI of CPC - Revision u/s. 113 CPC does not lie against the same. Ss. 2(2) -- Decree — Meaning and Scope of --When the court conclusively determines the rights of the parties with regard to any one or more or all of the matters in controversy, requirement of decree is satisfied — Such determination can be preliminary or final — Rejection of plaint is deemed to be a decree — However, any adjudication from which an appeal lies as an appeal from an order or an order of dismissal for default, is not a decree. |
Judge | Hon'ble Mr. Justice Kurian Joseph Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2016 INSC 317 |
Petitioner | Rishabh Chand Jain & Another |
Respondent | Ginesh Chandra Jain |
SCR | [2016] 2 S.C.R. 334 |
Judgement Date | 2016-04-13 |
Case Number | 4543 |
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