Question: State whether the doctrine of Res Judicata would be applicable in the following case. “If the previous decision was given by a court having no jurisdiction”. [Raj J 1974, UPHJS. 1995]  Find the answer to the mains question only on Legal Bites. [State whether the doctrine of Res Judicata would be applicable in the following case. “If the… Read More »

Question: State whether the doctrine of Res Judicata would be applicable in the following case. “If the previous decision was given by a court having no jurisdiction”. [Raj J 1974, UPHJS. 1995] Find the answer to the mains question only on Legal Bites. [State whether the doctrine of Res Judicata would be applicable in the following case. “If the previous decision was given by a court having no jurisdiction”. Answer No, the doctrine of res judicata would not apply if the...

Question: State whether the doctrine of Res Judicata would be applicable in the following case. “If the previous decision was given by a court having no jurisdiction”. [Raj J 1974, UPHJS. 1995]

Find the answer to the mains question only on Legal Bites. [State whether the doctrine of Res Judicata would be applicable in the following case. “If the previous decision was given by a court having no jurisdiction”.

Answer

No, the doctrine of res judicata would not apply if the previous decision was given by a court of having no jurisdiction.- Supreme Court in Sushil Kumar Metha v. Gobind Ram Bohra 1989 SCR, Suppl. (2) 149.

In this case, the court held that a decree passed by a court of competent jurisdiction after adjudication on merits of the rights of the parties operates as res judicata in a subsequent suit or proceedings and binds the parties or the persons claiming the right, title, or interest from the parties.

Its validity should be assailed only in an appeal or revision as the case may be. In subsequent proceedings, its validity cannot be questioned.

A decree passed by a court without jurisdiction over the subject matter or on other grounds which goes to the root of its exercise of jurisdiction lacks inherent jurisdiction. It is a coram non judice. A decree passed by such a court is a nullity.

Its invalidity can be set up whenever it is sought to be enforced or is acted upon as a foundation for a right, even at the stage of execution or in collateral proceedings. The defect of jurisdiction strikes at the authority of the court to pass a decree which cannot be cured by consent or waiver of the party.

Therefore the doctrine of res judicata does not apply to a case of the decree of nullity. If the court inherently lacks jurisdiction consent cannot confer jurisdiction.

Hence, “If the previous decision was given by a court having no jurisdiction”, then it does not operate as res judicata.


Important Mains Questions Series for Judiciary, APO & University Exams

  1. CPC Mains Questions Series: Important Questions Part – I of X
  2. CPC Mains Questions Series: Important Questions Part – II of X
  3. CPC Mains Questions Series: Important Questions Part – III of X
  4. CPC Mains Questions Series: Important Questions Part – IV of X
  5. CPC Mains Questions Series: Important Questions Part – V of X
  6. CPC Mains Questions Series: Important Questions Part – VI of X
  7. CPC Mains Questions Series: Important Questions Part – VII of X
  8. CPC Mains Questions Series: Important Questions Part – VIII of X
  9. CPC Mains Questions Series: Important Questions Part – IX of X
  10. CPC Mains Questions Series: Important Questions Part – X of X
Updated On 2021-12-16T12:13:40+05:30
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