LCI Learning
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Res-judicata

(Querist) 07 February 2016 This query is : Resolved 
In a Civil Suit, before commencing the trial in the lower court, issued are framed by whom ? By the judge of the concerned court, by the plaintiff lawyer or by the respondent lawyer ?
In the lower court, in a civil suit, the respondent filed an I.A. with the prayer to dismiss the plaint as res-judicata but the lower court passed an order saying that the suit is not res-judicata though the property is one and the same, the plaintiffs are different and the prayer sought in the plaint is different. The respondent took up the matter to the High Court and filed a CRP and the High Court too dismissed the CRP and upheld the suit filed in the lower court. Under these circumstances, the issued were framed in the lower court and one of the point in it is whether the suit is barred by the principal of res-judicata. It is confusing when the very same lower court has dismissed the IA saying that it is not res-judicata and the High Court too upheld the lower court’s decision, how come again the point is raised ? Can you please the learned lawyers elucidate ?
Thanks & Regards
Balaji
prabhakar singh (Expert) 07 February 2016
The duty to frame issues is upon the trial court and not on parties.

In my opinion the issue of resjudicata should be taken to have been decided as preliminary issue and now the same court can not decide it again.
Dr J C Vashista (Expert) 08 February 2016
If you want some more issue to be framed move an application (IA) before trail court.
The Courts have rightly decided the issue of re-judicata since the parties to the suit are different and there is separate cause of action, do not insist/persue.
Rajendra K Goyal (Expert) 08 February 2016
Agree with the expert Dr J C Vashista.
T. Kalaiselvan, Advocate (Expert) 14 February 2016
Agreed with expert Mr. Prabhakar Singh on res-judicata clarification.
The trial court need not have framed issue again on res-judicata once this issue has been decided already.
Thus as advised by expert Dr. Vashista you may file an IA if you want more issue to be framed.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :