Resjudicata

kashif (Querist) 08 June 2012 This query is : Resolved
With respect to a certain agricultural land in Bijnor U.P ( the khata khatauni of which contains at least 10 names including Mr A ) , the competent revenue court decided the issue ( in a suit filed by Mr A under UPZALR section 229 B ) " wheather the plantiff Mr A is the sole bhumidhar of this land " in negative and decided that all the 10 persons whose names are recorded in the khatauni are legal bhumidhars. This case was decided in 1984. All the 10 persons were party to that suit. Now in 2012 Mr A again filed a suit but this time in a civil court and the civil court framed one issue same as the previous ( wheather the plantiff Mr A is the sole bhumidhar of this land ) . Does the principle of Resjudicata according to section 11 of CPC apply in this case.

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ajay sethi (Expert) 08 June 2012
yes it would be barred by resjiducata . the court has already given a finding that all 10 have shares .

the same issue has been raised in subseqent issue . show to court the earlier judgement . suit would be dismissed and no reliefs granted

Guest (Expert) 08 June 2012
Yes absolutely the doctrine of resjudicata applies.

kashif (Querist) 11 June 2012
Experts plz tell one more thing ! In this case the earlier judgemnet was delivered by a revenue court ( competent to hear the issue ) but now the case is in a civil court . Do this have any effect on principle of resjudicata . plz clarify

ajay sethi (Expert) 11 June 2012
itwill be resjudicata . the issue raised in subsequent suit was substantially in issue in earlier suit . the plaintiff cannot go court shopping to avoid being bound by earlier court verdict

Shonee Kapoor (Expert) 20 June 2012
Nothing to be added.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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