KumudBhargava (president) 23 February 2022

Res judicata

I am exparte DH. JD's application under order 9 rule 13 has been dismissed and appeal against dismissal has also been dismissed. During pendancy of 1st execution, 2nd execution was moved. Objections against 2nd execution were also dismissed. Revision against last dismissal was taken to high court, which set aside dismissal of objections order by a consent order. Execution court has revived 1st execution and dismissed 2nd execution.

2. JD raised 2 objections that decree is not executable, a. landlord accepted enhanced rent, novating the lease; b. During pendancy of o9 r13 application, Rent and eviction Act became applicable to property, because of which dispute is to be decided by rent controller. We are able to dispel the objections. JD raised these objections, in appeal(it is mentioned in appellate order but no decision), revision, during 2nd execution proceedings(who rejected them, but now that order has been set aside). Now, 1st execution is coming up for issue of warrant for possession.

3. Query: The 2 objections have been raised, but there is no explicit decision in appellate or revision order. How should I raise res judicata against JD

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2 Replies

Palak batra 25 February 2022

Dear Querist,

The main objective of the doctrine of Res Judicata is to prevent a party from being harassed multiple times over the same issue and also establish the finality of judicial rulings.

When addressing a res judicata argument, a court will usually look at three factors. First, the court will consider whether there was previous litigation in which identical claims were raised, or in which identical claims could have been raised. The second factor to be considered is that the parties must be the same parties as those who litigated the original action. The third factor is that the original action must have received final judgment on the merits.

Regards,

Palak