Jamuna Paswan vs Most. Sohawa & Ors
2023 Latest Caselaw 2263 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     S.A. No. 322 of 2019
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Jamuna Paswan .... .... .... Appellant Versus Most. Sohawa & Ors. .... .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellant : Mr. Amar Kr. Sinha, Advocate

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Order No.07 Dated- 05.07.2023 Heard the parties.

This appeal will be heard on the following substantial question of law:-

(i) Whether both the courts below have committed perversity by dismissing the suit of the plaintiff on the preliminary issue that the same is barred by res-judicata when in the suit itself, prayer was also made that the judgment and decree passed in earlier suit being Title Suit No.12 of 1993 be declared null and void, fit to be dismissed and not binding upon the plaintiff without adjudicating the same; more so, by ignoring the settled principle of law that the issue of res- judicata is a mixed question of fact and law as has been held by the Hon'ble Supreme Court of India in the case of Madhukar D. Shende vs. Tarabai Aba Shedage reported in (2002) 2 SCC 85?

Call for the Lower Court Records.

The appellants are directed to file requisites for service of notice on the respondents by registered post with A/D as well as under ordinary process within six weeks failing which; this appeal shall stand dismissed without further reference to the Bench.

Rule is made returnable within six weeks. List this appeal after receipt of the service report of the notice issued to the respondents.

Sonu-Gunjan/- (Anil Kumar Choudhary, J.)