AVTAR SINGH & ORS. versus JAGJIT SINGH & ANR.

AVTAR SINGH & ORS. versus JAGJIT SINGH & ANR.

The decision of the subordinate judge, when the defendant appears and an issue is raised and decided regarding jurisdiction, operates as res judicata, precluding relitigation of the jurisdictional issue in subsequent suits.

Parties
Appellant: Avtar Singh; Respondent No. 1: Jagjit Singh; Respondent No. 2: Respondent No. 2
Jurisdiction
India
Judgment Date
27 July 1979
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 15th January, 1969 of the Punjab and Haryana High Court in S.a. No. 905 of 1963
Outcome
Appeal dismissed
Legal Topics
Res Judicata, Jurisdiction
Civil Procedure Res Judicata Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Avtar Singh

Appellant

Jagjit Singh

Respondent No. 1

Respondent No. 2

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 15th January, 1969 of the Punjab and Haryana High Court in S.a. No. 905 of 1963

Legal Issues

  1. 1 Whether the decision of the subordinate judge on the preliminary issue of jurisdiction operates as res judicata in a subsequent suit

Ratio Decidendi

The decision of the subordinate judge, when the defendant appears and an issue is raised and decided regarding jurisdiction, operates as res judicata, precluding relitigation of the jurisdictional issue in subsequent suits.

Court Disposition

Appeal dismissed

Orders

  • Parties to bear their own costs throughout