The Madhya Pradesh High Court, Indore Bench in the case Ramesh & Anr. v. Deceased Sajjan Bai And Ors observed and has held that a party cannot challenge the adverse findings which are recorded against them by the trial court in a suit which is decided in their favour.
The bench comprising of Justice Pranay Verma in the case observed that such findings against the party would not operate as res judicata in a subsequent suit.
However, the primary requirement of applicability of res-judicata being that the issue raised must have been heard and finally decided by the Court in the former suit. Thus, the finally decided means that the issue or finding which is against a party is challenged by him before the higher Court and the challenge is decided against him. Since in the case of dismissal of suit of plaintiff at point, thus, the issue and the findings which are recorded against the defendant cannot be challenged by him by preferring an appeal and it cannot be said that such issue and finding has been finally decided against him as for there to be final adjudication on the same. Therefore, the defendant in the case ought to have a right to challenge them before the higher Court. Since he has no such right and cannot challenge them, thus, they cannot be held to be operative as res-judicate against him.
Facts of the Case:
A suit was instituted by the Respondents/Plaintiffs for the declaration of title before the trial court which being against the Appellants/Defendants. The trial court in the case recorded the findings in favour of the Respondents but dismissed the suit noting that it was barred by time. An appeal was preferred by the Defendants before the lower court appellate to challenge the findings of the trial court. The court dismissed the appeal on the merits and an appeal was preferred before the court.
Further, the court in the case observed and has held that the lower appellate court had committed an illegality in entertaining the appeal preferred by the Appellants despite the same is not being maintainable.
Accordingly, the court dismissed the appeal in limine.