Abdul Alim vs Tarak Das & Ors
2021 Latest Caselaw 5218 Cal

28.09.2021                                    SAT 131 of 2020
                                                   with
court no.     : 09
Item no.
matter
              : PB-62
              : SAT
                                               CAN 1 of 2021
status        : admitted
transcriber   : nandy
                                                 Abdul Alim
                                                    Vs.
                                              Tarak Das & Ors.

                           Mr. Buddhadeb Ghosal, Advocate
                           Mr. Younus Mondal, Advocate
                                                       ......for the Appellant

                                The appeal shall be heard on the following
                           substantial questions of law:-
                                1)    Whether the Court of appeal below was
                                 justified in reversing the judgment and decree
                                 of the trial Court solely on the ground of res
                                 judicata without ascertaining whether in an
                                 earlier suit filed by the defendant/respondent for

injunction, there was any service of summons upon the appellant or they contested the said proceeding and suffered the decree?

2) Whether the Court of appeal below was justified in applying the principle of res judicata solely on the ground that the appellant was made party in an earlier proceeding as proforma defendant and, therefore, such judgment and decree is binding upon him.

3) Whether the principle of res judicata can be extended to a party against whom no relief was claimed in the earlier suit?

The appellant is directed to serve a copy of the application for stay upon the respondent by speed post and shall file the affidavit of service on the next date.

(Harish Tandon, J)

(Bibek Chaudhuri, J.)