HARIDAS MONDAL versus ANATH NATH MITTRA.

HARIDAS MONDAL versus ANATH NATH MITTRA.

Section 36 of the Bengal Money-lenders Act, 1940, does not permit successive suits for relief to reopen transactions or decrees; if relief is not sought or is abandoned in the first suit, principles of res judicata and Order 2 Rule 2 CPC bar subsequent suits for the same relief.

Source-derived case information.

Parties
Appellant: Haridas Mondal; Respondent: Anath Nath Mittra
Jurisdiction
India
Judgment Date
21 February 1961
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Decree Dated June 3, 1955, of the Calcutta High Court in Appeal From Appellate Decree No. 1090 of 1949
Outcome
Appeal allowed; suit dismissed
Legal Topics
Reopening of Transactions, Successive Suits for Relief, Res Judicata, Bengal Money Lenders Act, 1940, Order 2 Rule 2 CPC
Money Lending Civil Procedure Reopening of Transactions Successive Suits for Relief Res Judicata Bengal Money Lenders Act, 1940 Order 2 Rule 2 CPC

Source-derived case record

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Parties

Haridas Mondal

Appellant

Anath Nath Mittra

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Decree Dated June 3, 1955, of the Calcutta High Court in Appeal From Appellate Decree No. 1090 of 1949

Legal Issues

  1. 1 Whether successive suits can be filed under Section 36 of the Bengal Money-lenders Act, 1940, for reopening transactions including decrees and obtaining relief under the Act
  2. 2 Whether res judicata and Order 2 Rule 2 of the CPC bar further suits under Section 36 of the Act

Ratio Decidendi

Section 36 of the Bengal Money-lenders Act, 1940, does not permit successive suits for relief to reopen transactions or decrees; if relief is not sought or is abandoned in the first suit, principles of res judicata and Order 2 Rule 2 CPC bar subsequent suits for the same relief.

Court Disposition

Appeal allowed; suit dismissed

Orders

  • Mittra's suit No. 105 of 1947 dismissed with costs throughout