Judgements

Querist : Anonymous (Querist) 11 August 2011 This query is : Resolved
what is the diffrence between jug in rem n jug personam.pls give me details

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Querist : Anonymous (Querist) 11 August 2011
sec-41 says jug of court in probate matters are conclucive but if parties are diffrent then in such cases.e.g i m entitled to piece of land by virtue of will in my favour.after one year another person not parties to suit claims to be owner by saying that i m entitled to land becous of last will of testator.my question is whether earlier jug is binding on him or not becouus of sec-41 evidence act.

Raj Kumar Makkad (Expert) 11 August 2011
A judgment “in personam” can be defined as a judgment that defines, positively, claims against
competing individuals in respect of a particular matter, or to compel the performance of a particular
act – for example, the discharge of a debt, or the payment of an award for damages for breach of
contract, or requiring that a particular aspect of a contract is performed.
A judgment “in rem” amounts to a determination of the status of a particular matter or an individuals
rights in respect of a certain matter, but is conclusive not only between the competing parties but also
as against the world. Put another way (as Lord Hoffman did in Cambridge) both in rem and in
personam Judgments, are; “Judicial determinations of the existence of rights; in the one case rights
over property and in the other rights against a person.”

Ravikant Soni (Expert) 11 August 2011
Judgment in persona bind the parties to the suit only and has no binding effect upon persons other than parties.

But The Judgement in rem has binding effect against all over the world.

Ravikant Soni (Expert) 11 August 2011
As in your query in previous suit he was not a party then he can caim for and probate in favor of you not have any binding effect upon him.

Moreover a probate proceeding is not a suit itself. So it does not determine any right or duties between parties.

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