NDLI: Prem Kishore & Ors. Vs. Brahm Prakash & Ors

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	s. 11 Or eviction petition Or. 17 R. 3 Delhi Rent Control Act Code of Civil Procedure 1908 Or. 7 R. 11 9 R. 8
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
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
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Civil Procedure, 1908 – s. 11, Or. 7 R. 11, Or, 9 R. 8, Or. 17 R. 3 – Delhi Rent Control Act, 1958 – s. 14(1)(a) – The landlord (original plaintiff) filed an eviction petition against the respondent (tenant) – The respondent filed the written statement and denied the relationship of landlord and tenant – Thereafter, the landlord failed to appear before the Rent Controller for the purpose of establishing the relationship of landlord and tenant between the parties – Rent controller proceeded to dismiss the eviction petition and the same was not challenged by way of appeal – After the demise of the landlord, the appellant (successors in interest) filed another eviction petition – The respondent raised the plea of res judiciata u/s 11 and preferred an application under Or. 7 R. 11 for rejection of plaint – Additional Rent Controller declined to reject the plaint – Aggrieved by it, the respondent preferred a civil revision petition before the High Court and the same was allowed by the High Court by holding that the fresh eviction petition filed by the appellant is hit by principles of res judicata as landlord was having been afforded an opportunity to lead evidence and having failed to produce any evidence in the Court, it has to be taken as a decision on merits under Or.17 Rule 3 for the purpose of Section 11 of the Code – On appeal, held: High Court committed an error in taking the view that the order passed by the Additional Rent Controller could be said to be one passed in exercise of powers under Rule 3 of Or. 17 – The order did not purport to be one of dismissal for default or on merits and it cannot be taken to mean other than what it purported to be – Further, the order of the Rent Controller did not purport to be a final disposal of the suit and what it did was that it merely stopped the proceedings and it did nothing more and therefore this is not final decision of the suit within the meaning of Or. 9 Rule 8 and Or. 17 Rule 3 reply of the CPC – Suit is revived. Code of Civil Procedure, 1908 – When it would not be Res judicata in a subsequent suit – Held: Where the former suit is dismissed by the trial court for want of jurisdiction, or for default of the plaintiff’s appearance, or on the ground of non-joinder or mis-joinder of parties or multifariousness, or on the ground that the suit was badly framed, or on the ground of a technical mistake, or for failure on the part of the plaintiff to produce probate or letter of administration or succession certificate when the same is required by law to entitle the plaintiff to a decree, or for failure to furnish security for costs, or on the ground of improper valuation, or for failure to pay additional court fee on a plaint which was undervalued, or for want of cause of action, or on the ground that it is premature and the dismissal is confirmed in appeal (if any), the decision, not being on the merits, would not be res judicata in a subsequent suit.
Judge	Hon'ble Mr. Justice J.B. Pardiwala
Neutral Citation	2023 INSC 317
Petitioner	Prem Kishore & Ors.
Respondent	Brahm Prakash & Ors
SCR	[2023] 4 S.C.R. 635
Judgement Date	2023-03-29
Case Number	1948

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