LONANKUTTY versus THOMMAN & ANOTHER

LONANKUTTY versus THOMMAN & ANOTHER

Failure to appeal the decision of the District Court arising out of the respondents' suit, wherein the issue of easementary right for fishing was directly and substantially in issue and finally decided, attracts the application of res judicata and bars re-adjudication of that issue in an appeal arising out of the appellant's suit.

Parties
Appellant: Lonankutty; Respondent: Thomman; Respondent: Annam
Jurisdiction
India
Judgment Date
15 April 1976
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 8.4.1971 of the Kerala High Court in S. A. No. 1190/65
Outcome
Appeal allowed
Legal Topics
Res Judicata, Easementary Rights, Practice and Procedure
Civil Procedure Res Judicata Easementary Rights Practice and Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Lonankutty

Appellant

Thomman

Respondent

Annam

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 8.4.1971 of the Kerala High Court in S. A. No. 1190/65

Legal Issues

  1. 1 Whether second appeal from only one suit is barred by res judicata when common judgment in cross appeals from two suits on identical questions was not appealed from the other suit.
  2. 2 Whether remanding judgment not appealed against can be challenged in appeal from final decision.

Ratio Decidendi

Failure to appeal the decision of the District Court arising out of the respondents' suit, wherein the issue of easementary right for fishing was directly and substantially in issue and finally decided, attracts the application of res judicata and bars re-adjudication of that issue in an appeal arising out of the appellant's suit.

Court Disposition

Appeal allowed

Orders

  • Judgment of the High Court set aside.
  • Judgment of the District Court restored.