Section 11 CPC | Party Cannot Challenge Adverse Findings Against Them In Suit Decided In Their Favour: Madhya Pradesh High Court

The Madhya Pradesh High Court, Indore Bench recently held that a party cannot challenge the adverse findings recorded against them by the trial court in a suit decided in their favour.

The bench comprising Justice Pranay Verma further observed that such findings against the party would not operate as res judicata in a subsequent suit-

The primary requirement of applicability of res-judicata is that the issue raised must have been heard and finally decided by the Court in the former suit. Finally decided would mean 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 case of dismissal of a suit of plaintiff on one point, the issue or finding recorded against the defendant cannot be challenged by him by preferring an appeal, 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, the defendant ought to have a right to challenge them before the higher Court. Since he has no such right and cannot challenge them, they cannot be held to be operative as res-judicate against him.

Facts of the case were that the Respondents/Plaintiffs had instituted a suit for declaration of title before the trial court against the Appellants/Defendants. The trial court recorded the findings in favour of the Respondents but dismissed the suit noting that it was barred by time. The Defendants preferred an appeal before the lower court appellate to challenge the findings of the trial court. However, the appeal was dismissed on merits. Aggrieved, the Appellants preferred an appeal before the Court.

Examining the submissions of parties and the documents on record, the Court noted that the appeal preferred by the Appellants before the lower appellate court was not maintainable. Perusing the jurisprudence laid down by multiple High Courts on the subject matter, it observed that a Defendant succeeding on one point has no chance to appeal against adverse findings recorded against them on another points. Therefore, such adverse findings on other points would not operate as res judicata against them in a subsequent suit.

Thus, the Court held that the lower appellate court had committed an illegality in entertaining the appeal preferred by the Appellants despite the same not being maintainable. With the aforesaid observations, the appeal was dismissed in limine.

Cause Title: Ramesh & Anr. v. Deceased Sajjan Bai & Ors. [S.A.2692/2022]

Case Citation: 2023 LiveLaw (MP) 58