Resjudicata
kuldeep kumar
(Querist) 19 September 2011
This query is : Resolved
A FILED A CIVIL SUIT AGNST B,C,D FOR EJE AND ARREAR OF LAND ALLEGING THAT B IS HIS TENANT AND IS IN ARREAR OF LAND AND C AND D ARE HIS SUBTENNAT.ONLY C AND D CONTESTED IT.TRIAL COURT DECREED SUIT FOR ARREAR OF RENT AGAIST B HOLDING THAT C AND D WERE NOT SUBAGENT.ONLY B FILED APPEAL WHICH WAS DISMISSED HOLDING THAT C AND D WERE RESIDING IN HOUSE ON BEHALF OF B.NOW A FILED SECOND CVL SUIT AGAIN FOR EJECTMENT AND ARREAR OF RENT PLEADING NOW THAT C AND D WERE LICENCEE OF B AND THAT JUDGEMENT OF APPELLATE COURT WILL OPERATE AS RES JUDICATA.IS PLEA OF A CORRECT AS REGARD RES JUDICATA. pls answer me how far finalty attained in judgement of trial court
prabhakar singh
(Expert) 19 September 2011
Is it possible for you to post also following information:
1]issues framed in earlier suit?
2]points framed by appellate court ??
3]cause of action pleaded in and relief claimed in earlier suit???
4]cause of action pleaded in and relief claimed in present suit????
5]was any execution also filed on basis of earlier decree,if yes,result thereof?????
kuldeep kumar
(Querist) 19 September 2011
in this case a is alleging that previous judgement of appellate court should operate res j.whereas contention is dat appellate court affrimed the judement of trial court so no new judgement is passed.i m doubtfull as to take stand of a when he says order of appellate court must operate as res judicata
kuldeep kumar
(Querist) 19 September 2011
now my only question is when in this question if res jud is to operate then in what condition it is to operate..
R.Ramachandran
(Expert) 19 September 2011
Mr. Kuldeep, A has filed 2 suits. In the first suit B, C and D are defendants. In the second suit, C and D are defendants.
If that be the case, it is only the defendants who will plead Resjudicata and not A himself.
You have to clarify the exact fact situation.
kuldeep kumar
(Querist) 19 September 2011
only b filed appeal means judgement between a and c and d attained finalty but a in subsquent suit want to again prosecute c and d holding that they r licencee of b.question involved is in earlier suit of trial their status was determined as not sub tenant.but a misunderstood it and filed another suit contending that although c and d are not sub tennat of b but they are his licencee.so cause of action is also same and the titles under which they are litigating also same.another plea of a that they r licencee does not mean appellate court said something otherwise than trial court so RES JUDICATA will be applied in this case and a can not bring 2nd suit.
kuldeep kumar
(Querist) 19 September 2011
yes you r right RR sir finally i reached also ur conclusion that c and d can plead res judicata.thanks query is solved
R.Ramachandran
(Expert) 19 September 2011
If "A" was not satisfied with the decision holding that "C" and "D" are not sub-tenants, then he should have preferred an appeal against the decision.
kuldeep kumar
(Querist) 19 September 2011
yes sir but his channel is exausted by now 2nd suit filed
