20 July 2021
In a Mundkar Case where I am an opponent appearing in person, I moved an application under O XIV sub rule 5 of Rule 1 of CPC to frame 17 issues that arise out of the pleadings. The Applicant contested and asked to frame only one issue "Whether she is a Munkdar of our property or not". The Joint Mamlatdar framed only one issue "Whether she is a Mundkar of our property or not". The Joint Mamlatdar did not pass a judgment/order for not framing the issues I applied for but only frame the said issue. Therefore I moved another application under O XIV Rule 5 of CPC asking to frame additional issues listing the same 17 issues. The Mamlatdar passed order that my Application under O XIV Rule 5 of CPC is bared under Resjudicata. My point is that the Joint Mamlatdar did not pass order rejecting my application to frame issues, but framed only one issue. That I had another remedy of O XIV R 5 I moved an application to frame additional issues the same 17 issues. Is there a remedy under any law to challenge this Order. Thank you for your opinion and guidance.
22 July 2021
We can understand that your first application was suggestive to frame some issues and the another one was for framing additional issues. it is not necessary to order the application suggesting some issues because it is a matter of discussion only and framing only one issue is answer of your first application. In fact, your first application was not an "application' but a suggestion to the court only. So that second application is only first application and no res judicata applicable but if you again move this same application before the same court it will attract race judicata. Now you have remedy to go for a higher jurisdiction.