An Adjudication Is Conclusive With Respect To Incidental/Connected Subject Matter of the Litigation
Case: Cannou Parimala Rani @ Mary Rosay Parimala Rani v. Ilamathy and Ors
Coram: Justice N Anand Venkatesh
Case No.: SA No. 234 of 2014 and MP No. 1 of 2014
Court Observations: “An adjudication is conclusive and final not only a to the actual matters determined but also to every other matter that is incidental or essentially connected with the subject matter of the litigation and every matter coming within the legitimate purview of the original action. Parties can never be permitted to start afresh with a new litigation just because the party entertains some new views or new version. If this is permitted, there will be no end to litigation.”
“If Kuppammal and Kaliaperumal are allowed to continuously agitate their rights over the property till they get satisfied on the findings regarding their rights to the property, it will become an endless process. Ultimately what is important is that, the judgment of the competent Court concerning the rights of the parties have reached finality and the reasons given in support of the judgment is not really relevant. The first, second and third substantial questions of law are answered accordingly, against the appellant.”
“This Court is reminded of the words of the Hon’ble Supreme Court in N.S.S. Narayana Sarma v. Goldstone Exports (P) Ltd., reported in 2002 1 SCC 662 wherein, the Hon’ble Supreme Court held that “indeed his difficulties in real and practical sense arise after getting the decree”. The Code of Civil Procedure is designed to facilitate justice and further its ends. Unfortunately, in many cases, the procedure acts like a penal enactment where the litigant is actually punished and made to run from pillar to post to get the fruits of the decree.”
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Keywords
An Adjudication
