Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908-Section 11 Explanation viii |
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-Section 11 Explanation viii-Principle of res judicata-Operation of-Held, a decision on direct and substantial issue in a former suit between the same parties which is heard and finally decided, operates as res judicata and not merely any finding on every incident or collateral question-Decision in mutation proceeding in revenue court would not operate as res judicata since such proceedings are not judicial proceeding and revenue court is not a civil court of concurrent and competent jurisdiction. Evidence Act, 1872: Sections 32 and 33: Nature of-Held, the provisions are exceptions to the general principle that best evidence should be led in trial. Admissibility of statement as to fact in issue or relevant fact as admission-Held, such statement, to be admissible as admission, must be relevant and must be such as may be proved against the person making ii or his representative in interest and not on his behalf unless the person making it were dead. Section 33-Statements made before revenue court-Relevance of for proving facts in subsequent proceedings-Held, not relevant because proceeding before revenue court is not a judicial proceeding-In the facts of the case it is not proved that statement was made before authorized person in law to take evidence. Plaintiff-appellant, daughter of 'G' filed a suit for declaration of title and recovery of possession of the suit property against the defendant predecessor of respondent and tenants. She claimed to be entitled to the suit property by virtue of a gift deed in her favour by her mother and to be in possession thereof; and that defendant forcibly dispossessed her. Case of defendant who claimed to be adopted son of 'G', was that since the marriage of the mother of plaintiff with 'G' was not recognized, the entire property of 'G' devolved upon him. He had relied on entries in School Leaving Certificate and School Admission Register showing 'G' as his father. In order to prove the fact that her mother was wife of 'G', plaintiff relied on the statements of her mother and that of the defendant made before revenue court in mutation proceedings regarding the property of 'G'. However, as per the evidence on record, plaintiff's mother was earlier married to someone and when she joined 'G', plaintiff was already a child. Trial Court dismissed the suit. In appeal Single Judge of High Court decreed the suit and relying on statements made before revenue court held that plaintiffs' mother was married to .'G'; that plaintiff was daughter of 'G'; and that adoption of defendant was not proved. Division Bench allowed the appeal and held that no presumption could be raised about the marriage of plaintiffs mother with 'G'; that plaintiff has not established that she was born of her mother through 'G'; and that there was no evidence on record to prove adoption of the defendant. In appeal to this Court, appellant contended that since in the mutation proceedings, the revenue authorities had decided in favour of the plaintiff, the same operated as res judicata in view of explanation viii to Section 11 CPC, and hence the subsequent suit was barred; and that in view of the finding E of Division Bench that adoption of defendant was not proved, relief of possession should have been granted in favour of the plaintiff. |
Judge | Hon'ble Mr. Justice Doraiswamy Raju |
Neutral Citation | 2002 INSC 564 |
Petitioner | Mahila Bajrangi (dead) Through Lrs. And Ors. |
Respondent | Badribai W/o Jagannath And Anr. |
SCR | [2002] Supp. (5) S.C.R. 557 |
Judgement Date | 2002-12-19 |
Case Number | 4594 |
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