Court No. - 9
Case :- CIVIL REVISION No. - 64 of 2019 Revisionist :- Dwarika Prasad Agarwal And Another Opposite Party :- Amit Kumar Tiwari And Another Counsel for Revisionist :- Virendra Kumar,Neeraj Agrawal Digitally signed by ANJANI KUMAR MISHRA Date: 2019.04.30 19:10:28 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the revisionist at length.
The instant revision is directed against the order dated 08.03.2019, whereby an issue of res-judicata has been decided as a preliminary issue. This issue was raised by the defendant revisionist claiming on the basis of certain litigation, which had taken place between the revisionist and the Kanpur Development Authority.
The issue of res-judicata has been decided against the defendant holding that the instant suit is not barred by res-judicata because the plaintiff was not a party in the earlier proceedings and therefore, not bound by the findings arrived at in the earlier suit.
Upon hearing counsel for the revisionist and upon perusal of the record, I do not find any illegality in the view taken by the Court below.
For a judgement on an issue to operate as res judicata, the issue should have been decided by a Court of competent jurisdiction, between the same parties or between parties under whom the parties in the subsequent suit claim, as provided by Section 11 CPC.
The contention of counsel for the revisionist also is that in fact the suit does not disclose any cause of action and the plaintiff has not set up any independent claim and is in fact a proxy of the Kanpur Development Authority.
This submission in my considered opinion, does not improve the case of the revisionist, in so far as, the decision on the issue of the suit is barred by res-judicata is concerned. This submission, if at all may be of relevance while considering an application under Order 7 Rule 11 C.P.C.
In view of the foregoing discussion and since the impugned order is not found to suffer from any jurisdictional error, which would warrant interference,the revision fails and is dismissed.
Order Date :- 30.4.2019 RKM