RISHABH CHAND JAIN & ANOTHER versus GINESH CHANDRA JAIN

RISHABH CHAND JAIN & ANOTHER versus GINESH CHANDRA JAIN

An order by the trial court that dismisses a suit as barred by res judicata and for lack of cause of action, even if passed without framing issues, amounts to a decree under Section 2(2) of the Code of Civil Procedure; thus, appeal and not revision is the correct remedy against it.

Parties
Appellant: Rishabh Chand Jain & Another; Respondent: Ginesh Chandra Jain
Jurisdiction
India
Judgment Date
13 April 2016
Procedural Posture
Civil Appeal / Decision on Appeal From Order of the High Court in Revision Application
Outcome
Appeal allowed; impugned order of High Court set aside; liberty granted to respondent/plaintiff to file appeal against trial court order.
Legal Topics
Decree and Order Under Code of Civil Procedure, Appeal Vs. Revision, Res Judicata, Framing of Issues, Rejection of Plaint
Civil Procedure Decree and Order Under Code of Civil Procedure Appeal Vs. Revision Res Judicata Framing of Issues Rejection of Plaint

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Rishabh Chand Jain & Another

Appellant

Ginesh Chandra Jain

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal From Order of the High Court in Revision Application

Legal Issues

  1. 1 Whether an order of the trial court dismissing a suit on the grounds of res judicata and lack of cause of action, passed without framing issues, is a decree appealable under the Code of Civil Procedure or only revisable under Section 115 CPC.

Ratio Decidendi

An order by the trial court that dismisses a suit as barred by res judicata and for lack of cause of action, even if passed without framing issues, amounts to a decree under Section 2(2) of the Code of Civil Procedure; thus, appeal and not revision is the correct remedy against it.

Court Disposition

Appeal allowed; impugned order of High Court set aside; liberty granted to respondent/plaintiff to file appeal against trial court order.

Orders

  • Impugned order of the High Court is set aside.
  • Respondent/plaintiff granted liberty to file an appeal against trial court order within six weeks, which shall be treated as within time.