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Report No. 27

Section 11

1. Application to independent proceedings.-A suggestion has been made, that an express provision should be inserted extending the principle of res judicata not only to execution proceedings but to all independent proceedings. It is considered unnecessary to make any specific provision of this nature, and that the matter should be left to be dealt with by the Courts.1

2. Cross-suits.-The question whether an express provision should be made to lay down the rule applicable in cases where cross-suits have been filed, between the same parties and have been disposed of by two judgments, has been examined. The point is, whether, if an appeal is filed from one judgment and is not filed from the other judgment, the matters decided in the other judgment becomes res judicata. It has been considered unnecessary to make a specific provision on this point, as the matter should be dealt with by the courts according to the facts of each case2.

1. Cf amendment proposed to section 47.

2. Cf. Narhari v. Shankar, (1950) 1 SCR 754: AIR 1953 SC 419.

Section 15

It has been suggested that jurisdiction to entertain suits where the subject-matter is incapable of pecuniary valuation should not be left to the caprice of the plaintiff as at present, and that the rule-making power under section 9 of the Suits Valuation Act. 1887 (7 of 1887) should be utilized by the High Courts to lay down precise rules on the subject. (So far, only a few of the High Courts have made rules on the subject). The making of such rules would put the matter on a satisfactory basis. The suggestion is worth accepting. Necessary action should be initiated by the States, as the matter falls within entry No. 3 in the State List.

As an example of such rules, reference may be made to the rules made by the High Court of Lahore.1 These rules cover, (besides other cases), suits asking for a decree establishing an adoption or declaring it to be void, suits for restitution of conjugal rights, suits for a decree establishing, annulling or dissolving a marriage or for a declaration that a marriage is void, etc., and suits by a reversioner to set aside an alienation of immovable property made by a limited owner, etc.

1. Collected in Row, Court-fees and Suits Valuation Acts, pp. 839-840.

Code of Civil Procedure, 1908 Back

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