Res Judicata Principle Applies To Different Stages Of Same Proceedings As Well : Supreme Court
The Supreme Court recently observed that the principle of res judicata not only applies to different sets of proceedings but also to different stages of the same proceedings.
Holding thus, the bench comprising Justices JB Pardiwala and R Mahadevan upheld the Kerala High Court’s finding which had dismissed the Appellant’s Order I Rule 10 CPC application objecting impleadment of a legal heir at the later stage of the proceedings when it had an opportunity to object the impleadment at the earlier stage of the proceedings.
The court said that when after due enquiry under Order XII Rule 4 CPC (application to bring on record legal heirs of the defendants after his death), an order for impleadment was passed then it would be impermissible to object the impleadment at the later stage as the same would be barred by the doctrine of constructive res judicata enshrined under Explanation IV, Section 11 CPC.
“the principles of res judicata apply not only to two different proceedings but also to different stages of the same proceeding as well.”, the court observed, referencing Bhanu Kumar Jain v. Archana Kumar (2005) 1 SCC 787.
“In the present case, the order for impleadment of the appellant as a legal heir was made by the Trial Court after due inquiry under Order XXII, as also observed by the Trial Court in its order rejecting the application under Order I Rule 10. Evidently, neither any objection was raised by the appellant before the Trial Court nor any revision was preferred subsequently against the said order. Thus, it could be said that the issue as regards the impleadment of the appellant as a legal heir of the original defendant had attained finality between the parties and thus the subsequent application under Order I Rule 10 seeking to get his name deleted from the array of parties could be said to be barred by res judicata.”, the court said.
Case Title: SULTHAN SAID IBRAHIM VERSUS PRAKASAN & ORS.
Citation : 2025 LiveLaw (SC) 622
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Also From Judgment:
